Revisiting Your Custody Arrangements

NJ Money Help interviewed attorney Kenneth A. White, Esq. to discuss options involving custody of school-aged children.

My wife and I divorced three years ago when our twins were two years old. We share custody and the kids spend half their time with me and half with her. Now that they will soon be school aged, I think they should live in just one house. My wife doesn’t agree. What do I do?
— Dad

Consult with a Certified Matrimonial Attorney when you seek modification of your custody and parenting time arrangement.

Kenneth A. White, Esq. suggests that parenting arrangements that are 50/50 in nature is the trend among mental health experts advising the family court about issues of custody and parenting time.  When seeking to modify a previously agreed upon arrangement, parents need to establish a significant, permanent change of circumstances since the last time an order was entered addressing custody and parenting time.

One in important thing for parents to remember is that parenting an infant is different from parenting a school aged child, and case law supports this proposition.  Therefore, arrangements that once worked may no longer.  When involving the Court, by way of filing a motion, parents should consider factors such as:

  • Do you and your ex live so far apart that it is not realistic for the children to get to and from school in a timely manner from each home?
  • Is your ex so irresponsible that she cannot be trusted to oversee the children’s education?
  • Does your ex no longer have sufficient means to provide adequate housing, care or supervision for the children?

Read the full article and more about this often complicated situation here.