What Kind of Modifications Are Available for Parenting Time Rights?

April 5, 2022
Throughout the course of a divorce or other type of family matter involving families with children, the question of parenting time rights remains a significant issue. Both parents spend long days in the courtroom working with their divorce lawyers in Burlington County, NJ, to get the parenting time split that works best for their interests. After the dust settles and the court rules on a matter, some may think the parenting time schedule is set in stone. However, you may file requests to modify the schedule down the road.

Court Approved Modifications Vs. Unapproved

After the court initially sets the custody and parenting time schedule, parents can agree to modify the terms of the custody or parenting time agreement at a later date. A stipulated modification can be made without the express approval of the court. However, these changes should be put into a Consent Order signed by all parties and submitted to the Court for signature. This will make the Order and modified terms more legal. 


If and when you obtain the court's approval to the stipulated modifications and your former spouse tries to violate the terms of the agreement/Order, you have legal options available to you to seek compliance.

How Parents Can Change Existing Agreements

If parents have not agreed on a stipulated modification to the child custody agreement, making changes later on can become a more involved process. If one parent wants to change the agreement while the other does not, you and your divorce attorney have to file a Motion with the Court seeking the relief you want. 


Prior to filing the Motion, you should provide the necessary proof that a "substantial change in circumstances" occurred to warrant a change in the schedule. Requiring this burden of proof helps encourage fair and stable custody agreements without the courts becoming overburdened with repetitive modification requests from a jilted former partner.

Proving Substantial Change in Circumstances

The party that wants to change the child custody arrangement needs to prove that a substantial change in circumstances occurred falls upon them and their family law firm to prove. One of the most common substantial changes comes in the form of a long-distance geographic move. If the custodial parent moves far enough away from the non-custodial parent, it will hamper their ability to be an active presence in their child's life. 


How the courts decide to address this issue varies from court to court. Some judges will have the parents work out a parenting time schedule that allows the non-custodial parent to maintain their role in their child's life. Other courts may switch which parent has primary custody, while others may permit the move without an agreement unless it can be proven the move will have an adverse effect on the child in question. 


Sometimes, a child custody modification is less about a geographic move than an adverse lifestyle change. If changes in the custodial parent's lifestyle threaten or harm the child, then Motions or Orders to Show Cause may be filed. If, for example, the custodial parent begins working nights and leaves the child at home alone, the non-custodial parent may file for a change of custody or parenting time. In other circumstances, the custodial parent may file to reduce the parenting time they receive. 

What Do New Jersey Courts Take Into Consideration

First and foremost, when a family court judge hears a custody or parenting time modification case, their top priority remains the best interests of the child. Judges will consider the child's needs and safety, what kind of home environment will be established, how well the parents communicate, jobs and employment responsibilities, parental responsibilities, and more to determine whether a modification needs to take place. 


An experienced
child custody lawyer and/or family lawyer will help prepare you for your upcoming case and ensure that you and your child's best interests are well represented. 


Berg & Pearson, P.C.
has helped countless families make the necessary adjustments to their custody and parenting time agreements and help keep their client’s family situation within healthy parameters. Contact our team for your first FREE TELEPHONE/ZOOM consultation today!

By 7016254499 April 17, 2025
Divorce is never easy, but it becomes even more complex when financial matters come into play. In New Jersey, one of the most critical aspects of a divorce proceeding is financial disclosure. Whether you are headed for mediation, negotiation, or a courtroom battle, understanding the importance of full and honest financial disclosure can make or break your case. What is Financial Disclosure? Financial disclosure is the process by which both parties in a divorce case provide complete and accurate information about their income, expenses, assets, and debts. This is typically done through a document called the Case Information Statement (CIS) in New Jersey. The CIS is a comprehensive financial snapshot that includes: • Income (from all sources) • Monthly expenses • Real estate holdings • Bank accounts • Investments and retirement accounts • Personal property of value • Debts and liabilities Why It Matters 1. Ensures Fair Division of Assets New Jersey follows the principle of equitable distribution, which means marital assets are divided fairly—but not necessarily equally. For a judge (or mediator) to determine what’s fair, both parties must be transparent about what they own and owe. Incomplete or dishonest disclosures can result in an unfair division or a ruling being overturned later. 2. Supports Accurate Spousal and Child Support Calculations Support payments—whether spousal or child—are based largely on income and financial need. If a party underreports their income or inflates their expenses, it could result in an unjust support award. Full financial disclosure ensures that support calculations reflect the true financial circumstances of both parties. 3. Protects Against Future Legal Issues If it is discovered that a party concealed assets or lied on their CIS, the court can reopen the case and issue penalties. This could include paying the other party’s legal fees, awarding a greater share of the marital assets to the honest spouse, or even criminal charges in severe cases. Full disclosure protects both parties from future litigation and ensures finality in the divorce settlement. 4. Builds Trust in the Process Even in contentious divorces, transparency can help reduce animosity and encourage resolution. When both sides know that the other is being open and honest, it fosters trust and can speed up the negotiation process. This can save time, money, and emotional energy. What Happens if Someone Doesn’t Disclose Fully? New Jersey courts take financial disclosure very seriously. If a party fails to comply, the court can: • Compel disclosure via court orders or subpoenas • Impose sanctions, including fines • Award attorney’s fees to the other party • Reopen and modify the divorce judgment • Hold the non-disclosing party in contempt Tips for Accurate Financial Disclosure • Start gathering your financial documents early • Be thorough—include all accounts and income sources • Review your CIS with your attorney before submission • Do not guess—use exact figures where possible • Update your disclosures if your financial situation changes Conclusion Financial disclosure is not just a procedural formality—it is the foundation of a fair and equitable divorce in New Jersey. Whether you are the spouse seeking support or the one paying it, honesty and accuracy in your financial disclosures will help you reach a resolution that reflects the true economic realities of both parties. If you are considering divorce or have questions about your financial obligations, it is essential to consult with an experienced New Jersey family law attorney who can guide you through the process and ensure your rights are protected.
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Donald Trump indicated that Tom Homan, the former acting U.S. Immigration and Customs Enforcement director under Mr. Trump’s previous administration, will serve as “Border Czar” in his incoming administration. This position will likely play an important function in furtherance of Mr. Trump’s campaign pledges to secure the border and target individuals for in a massive deportation operation. Mr. Homan previously warned that, “no one’s off the table. If you’re here illegally, you better be looking over your shoulder.” He further assured. “You’ve got my word. Trump comes back in January, I’ll be in his heels coming back, and I will run the biggest deportation operation this country’s ever seen.” He further said, “It’s going to be a well-targeted, planned operation conducted by the men of ICE. The men and women of ICE do this daily. They’re good at it.” When asked whether there was a way to carry out deportations without separating families, he said, “Families can be deported together.” In today’s heightened political climate on the issue of immigration, it is highly recommended that you take all steps to assure your legal status in the United States. If you are married to a United States Citizen and living in the United States without proper credentials, you should take steps to become legal. If you are a permanent resident, now is the time to become a United States Citizen.
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Essential Qualities to Look for in a Divorce Lawyer Going through a divorce can be one of the most challenging experiences in a person's life. Choosing the right divorce lawyer can make a significant difference in navigating this difficult process. Here are the most important qualities and factors to consider when selecting a divorce attorney. 1. Experience and Expertise When it comes to divorce, experience matters. Look for a lawyer who specializes in family law and has a proven track record in handling divorce cases. An experienced attorney will be familiar with local laws, court procedures, and potential pitfalls, giving you an advantage in your case. 2 . Strong Communication Skills A good divorce lawyer should communicate clearly and effectively. They should be able to explain complex legal concepts in a way you can understand and keep you informed about the progress of your case. Look for someone who listens to your concerns and responds promptly to your questions. 3. Empathy and Understanding Divorce can be emotionally draining. An empathetic lawyer can provide not only legal support but also emotional understanding. Look for someone who demonstrates compassion and is sensitive to the stress you’re experiencing, as this can make the process more manageable. 4. Strategic Thinking Divorce cases often require strategic planning. A competent lawyer should be able to assess your situation, identify the best course of action, and anticipate potential challenges. They should work with you to develop a tailored strategy that aligns with your goals. 5. Negotiation Skills Many divorce cases are settled outside of court through negotiation. A skilled negotiator can help you reach a fair settlement that meets your needs. Look for a lawyer who has strong negotiation skills and is willing to advocate fiercely on your behalf while remaining open to compromise when appropriate. 6. Reputation and Reviews Researching a lawyer’s reputation can provide valuable insight. Look for online reviews, testimonials, and ratings from past clients. You can also ask for recommendations from friends or family who have gone through a similar experience. A lawyer with a positive reputation in the community is more likely to be reliable and effective. 7. Transparent Fees and Billing Understanding the costs associated with hiring a divorce lawyer is crucial. Look for someone who is transparent about their fees and billing practices. Ask about their hourly rates, retainer fees, and any additional costs you might incur. A good lawyer will provide a clear breakdown of what you can expect financially. 8. Compatibility and Trust You’ll be sharing personal and sensitive information with your lawyer, so it’s important to find someone you feel comfortable with. Trust your instincts when meeting potential lawyers. Choose someone whose approach resonates with you and whom you feel you can rely on throughout the process. 9. Accessibility and Support Divorce can be a lengthy process, and you want a lawyer who is accessible when you need them. Consider their availability and willingness to support you. A lawyer who makes time for their clients and prioritizes communication can help you feel more secure during this transitional period. 10. Understanding of Child Custody Issues (if applicable) If children are involved in your divorce, finding a lawyer with a strong understanding of child custody laws is essential. They should be knowledgeable about what factors the court considers in custody arrangements and how to advocate for your children’s best interests. Conclusion Choosing the right divorce lawyer can significantly impact the outcome of your case and your overall experience. By considering these essential qualities, you can find a legal advocate who aligns with your needs and helps you navigate the complexities of divorce with confidence. Take your time in the selection process and prioritize finding someone who will support you through this challenging chapter of your life. The lawyers at Berg & Pearson, P.C. are here to help!
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