Can A Judge Modify A Separation Agreement Regarding Kids?

Brad Micklin, a family lawyer in Nutley, answers:

A parent may succeed on an application to the court to modify a custody and parenting time agreement if the court finds that there has been a substantial change in circumstances affecting the health or welfare of the children and that a modification is in the children’s best interests. It is a very fact-sensitive inquiry that is determined by a family court judge on a case-by-case basis.

Some examples of situations where a judge may find that a change in custody or parenting time is appropriate include the following: a job change that significantly impacts a parent’s ability to maintain his or her caretaking responsibilities pursuant to the parties’ agreement; a serious illness or other event that renders a parent unable to maintain his or her caretaking responsibilities for the children pursuant to the parties’ agreement; one parent’s move or desire to move a significant distance away that makes the current custody and parenting time arrangement impractical. These are just some examples of situations that could warrant a change in custody or parenting time; however, the outcome in court is still determined on a case-by-case basis.

Brad Micklin is a family lawyer in Nutley, NJ.