Whether you have visitation rights or shared custody, you can request a modification to full custody of your child in New Jersey. You will need to provide enough evidence that the full custody modification in your favor is being done in the best interest of the child. This means that the burden of proof will be placed on you and your New Jersey child custody attorney from Nitti & Nitti, PC.
Two Main Arguments For a Modification to a Child Custody Order
In New Jersey, the court will consider two main arguments for a modification to a child custody order: a major event in the life of the custodial parent has limited their ability to care for the child or a slew of small events in the life of the custodial parent shows that they can no longer properly care for the child.
Major Life Event of Custodial Parent
Examples of a major life event of the custodial parent include the following:
- Abusing illegal substances
- Arrest
- Job loss
- Abuse
- Move to another country
- Mental illness
Small Events in Life of Custodial Parent
Examples of small events in the life of the custodial parent include the following:
- Poor emotional state of the child
- Poor performance of the child in school
- The child is experiencing deteriorating health
- The child no longer spends time with the non-custodial parent and it is not because of their own doing
Substantial Evidence Required to Meet Burden of Proof
Since you are the parent requesting modification to full custody, the burden of proof will fall on you and your New Jersey child custody lawyer in the family court. If there is no major life event present, you will need to provide substantial evidence that backs up your request for the modification.
School Records
You will need to provide your child’s report cards, notes from teachers or guidance counselors, and any other academic documents to the court to show that their academic performance has diminished recently because of the custodial parent.
Medical Records
If you are arguing that your child’s health is deteriorating, you will need to provide the court with their medical records. You might even be required to provide signed documentation from the child’s doctor.
Therapy Records
If your child has been seeing a therapist for anxiety, depression, or any other mental issue, you might be asked to provide their therapy records.
Communication Records
If the argument is that your visitation rights are being denied or you are not permitted to call or text your child, you will need to provide email, text, and call log records to the court to prove this argument.
Be sure to provide your child custody attorney with as much evidence as possible to strengthen your request.
Call Nitti & Nitti, PC, Today
Do you need to request a modification to full custody of your child? Do so with the help of an experienced and trusted New Jersey child custody lawyer from Nitti & Nitti, PC. Call our office, or submit our contact form to schedule a consultation today.
