This Spring Break in New Jersey, many divorced parents are in the midst of planning their summer schedules. However, it’s important not to overlook that Spring is the time to consider revisiting your parenting time arrangements if yours no longer fit your children’s needs.
Whether it’s a change in work schedules, a relocation, or concerns about your children’s school or well-being, modifying a custody order takes planning and time. Spring gives you the opportunity to act early and avoid last-minute stress before school starts again in September.
If you wait until July or August to file a modification application with the Court, your case likely may not be heard until after the school year begins. Starting now gives you the time to negotiate, mediate, or file a motion, if necessary.
You should review your current custody and parenting time agreement or Court Order to determine if there is a dispute resolution provision that requires mediation before you file an application with the Court. Remember, New Jersey Courts also require co-parents to participate in Custody and Parenting Time mediation, which may delay a plenary hearing and determination by the Court.
If you and your co-parent do not agree on a modification of the current custody and parenting time arrangements, you will need to demonstrate a substantial change in circumstances. Starting in Spring will give you the opportunity to gather school records, medical records, or other documentation to support your position. It can be difficult to gather school records during the summer months when many teachers are on break and administrative offices may be closed.
Courts often prefer major changes, including those that may impact school enrollment, to occur before the school year commences. This makes Spring the ideal time to plan ahead without disrupting your children’s routine. It also means that you might be able to help your children transition during the summer months.
If your current custody and parenting time arrangement no longer works, don’t wait until late summer to address the issue. Contact an experienced attorney at Cohn Lifland to discuss your options this Spring so your family can start next school year with clarity and consistency.