The New Jersey family court typically finds that ordering joint custody rights is in the best interest of a child’s well-being. However, in your specific divorce case, they may have been presented with certain factors that convinced them otherwise, and they decided to limit you to visitation rights, supervised visitation rights, or no legal rights over your child in general. This may be nothing less than devastating for you, and you may feel hopeless in ever gaining custody rights. Well, please know that this is entirely possible for you to achieve. Please follow along to find out how to change your visitation rights to custody rights and how a proficient Morristown child custody lawyer at Graves Andrews, LLC, can help you reignite a relationship with your child.
How can I change my visitation rights to custody rights?
If you believe you are now in a position where you can handle custody rights over your child, you may reach out to their custodial parent. Here, you may request that they voluntarily participate in mediation sessions, so that together, you may negotiate a comprehensive and fair joint custody arrangement. After producing a legitimate consent order, you may file it with the New Jersey family court that made your initial custody decision. If they find it legally sound, they may formally approve it, thus making it legally enforceable.
However, there is a greater likelihood that your child’s custodial parent will be unwilling to sit down with you and essentially sacrifice some of their physical and legal rights. In this case, you may have to take it upon yourself to file a motion to modify custody with the court.
How can I prove that I should have custodial rights over my child?
In your motion to modify custody, you must formally explain to the New Jersey family court your reasons behind wanting the change. More than proving your want for custody rights, you must establish that this would be the ideal arrangement for your child’s best interests. More specifically, you must present evidence to the court that there has been a substantial change in circumstances since they made their initial custody order, which therefore warrants a change in the current arrangement.
For example, say the court originally denied your custodial rights because you had a known history of alcohol or drug abuse. However, since then, you may have successfully completed voluntary rehabilitation programs, and others can attest to the fact that you have remained sober for a significant amount of time. Or, the change in circumstances may have to do more with your child. That is, say your child has recently been diagnosed with a serious health condition. Well, you may reside in an area where this specialized medical care is easily accessible, or your work schedule may offer more flexibility to give your child the hands-on care they now require.
If you are still hesitant about taking the monumental step of pursuing legal action, consult with a talented Morristown family law attorney from Graves Andrews, LLC, to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.