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Modifying Visitation in NJ

Modifying Visitation in NJ

Visitation, when decided by the court, is often not what one, or both, parties want it to be. Often there are orders relating to supervised visitation or no overnights which are distressing for the parent who does not get to spend time with his or her children. Alternatively, there is often generous parenting time granted to a parent who is unable to adequately care for the children. Returning to court on a motion for modification, either Pendente Lite or post-judgment, is your legal option for changing an onerous visitation or custody situation. When making a petition for change, you will need to show what has changed since the original order was entered which would prove to a judge that such a change was warranted and in the best interest of the children. Alternatively, you may offer information demonstrating to the judge why the original decision as to visitation or custody was inappropriate. In either event, there is a high standard of proof because the court always seeks stability in the children’s lives. Due to the high burden you will have to meet to establish a change, you should always have experienced legal counsel at your side when appearing in court for matters relating to your children. For more information on child custody, parenting time, support, divorce, civil union dissolution or other family law matters visit HeatherDarlingLawyer.com.

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