Is it Possible to Get Joint Custody Back?

It’s been a terrible few years. After your divorce, things began to crumble. You got arrested for passing bad checks and went to prison for a year. Your ex, angry at your behavior, was granted sole custody of your only son. But you turned a corner and things began to change. You are now a model citizen with a good job. And you want to see your child. Is it possible to have joint custody reinstated?

Yes, it is possible, but it is a difficult road, especially if you go at it on your own.

Steps for Changing Your Custody Arrangement

To modify your child custody arrangement, you should first speak with the custodial parent to see if you can come to an agreement. You shouldn’t just spring on him a court order. Communication is key.

Once you come to an agreement, you’ll need to file the proper paperwork. This will include filling out a Petition to Modify Custody which you will submit to the court for approval. You may also need to provide the court with a proposed Order on Custody for the judge to sign if he/she rules in your favor.

You may also need to change any child support arrangements you have with your ex. This means a Petition to Modify Support needs to be filed.

If for some reason you and your ex can not reach an agreement on a child custody arrangement, then you will need to file a motion with a court to hold a hearing.

One the forms have been filed, it’s important to prepare for the hearing. Remember, the court will determine a ruling based on what’s in your child’s best interest. If you cannot prove that you are fit to care for the child, then you may not receive custody, even if your ex agrees.

A Child Custody Attorney Can Help

Any time you deal with the court system, it’s important to have an experienced family lawyer by your side to walk you through the process. For more than 35 years, the Law Offices of Anthony Carbone has helped clients throughout New Jersey modify their child custody arrangements. Contact us today for a free consultation.