People often consult with us to discuss how they can change a parenting time schedule they feel is no longer working. The standard for a change in custody/parenting time if you cannot come to an agreement with the other parent is “change of circumstances” and what that means to a judge may not be what it means to you.
Under New Jersey law, once a custody or parenting time order has been entered — whether through settlement or by a judge — it cannot be modified unless one parent demonstrates a substantial change in circumstances that affects the welfare of the child.
This standard comes from decades of case law, most notably Lepis v. Lepis, 83 N.J. 139 (1980), and later custody cases such as Hand v. Hand, 391 N.J. Super. 102 (App. Div. 2007). In short:
The parent seeking to modify custody or parenting time has the burden of proving that a genuine and material change has occurred since the last order was entered.
If the court finds that such a change exists, it can then conduct a best interests analysis under N.J.S.A. 9:2-4 to determine whether a modification is appropriate.
Examples of a Change in Circumstances
Not every change in life qualifies. The change must be significant enough to affect the child’s well-being or stability. Examples that may rise to this level include:
-
Relocation: One parent moves far enough away to disrupt the current parenting schedule.
-
Health issues: A parent or child develops a serious medical or psychological condition.
-
Substance abuse or criminal behavior: Evidence that a parent’s conduct endangers the child.
-
Neglect or interference: Persistent failure to comply with the parenting schedule, or attempts to alienate the child from the other parent. Without DCPP (child protective services) weighing in on this it may be difficult to prove.
-
Child’s age or preferences: As children grow older, their needs and wishes can change. Judges may yield to a child’s preference once they are over 15, but it is not a hard fast standard and may vary from judge to judge.
-
Significant improvement in a parent’s circumstances: For example, a parent who was once unable to care for the child (due to instability, housing, or employment issues) becomes able to do so.
Minor disagreements, temporary inconveniences, or lifestyle changes (like a new romantic partner or modest job change) generally do not qualify unless they impact the child’s welfare.
The Process for Seeking a Change
If you believe there has been a substantial change of circumstances, the next step is to file a motion to modify custody or parenting time in the Family Part of the Superior Court.
If the court finds your motion establishes a prima facie showing of changed circumstances, it may order discovery, a custody evaluation, or a plenary hearing (a full evidentiary hearing) to decide whether modification is warranted.
The Bottom Line
Custody orders in New Jersey are never truly “final” — they reflect what was best for the child at that time. When life changes significantly, the law allows parents to seek new arrangements that better serve the child’s evolving needs.
If you’re considering a motion to modify custody or parenting time, it’s important to consult with an experienced family law attorney who understands how to frame and support a “change of circumstances” claim. Call for a free consultation and we can discuss the risks and possibilities in YOUR matter, 856-227-7888.