Custody Modification Agreement

CUSTODY MODIFICATION AGREEMENT

State of New Jersey — Superior Court, Chancery Division, Family Part

COUNTY OF [________________________________]
DOCKET NO.: FM-[____]-[________________________________]

PARTIES

MINOR CHILD(REN) SUBJECT TO THIS MODIFICATION

ARTICLE I — RECITALS AND JURISDICTIONAL BASIS

1.1 Original Order. The parties are bound by the following existing custody order or judgment:

• Title of Original Order/Judgment: [________________________________]
• Date Entered: [__/__/____]
• Court: Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County
• Docket Number: FM-[____]-[________________________________]
• Judge: Hon. [________________________________], J.S.C.

1.2 Jurisdiction. The Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County retains continuing, exclusive jurisdiction over custody and parenting time matters pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), N.J.S.A. 2A:34-53 et seq., and N.J.S.A. 9:2-1 et seq.

1.3 Changed Circumstances — Todd v. Sheridan Standard. Pursuant to Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993), the parties represent that a substantial change in circumstances has occurred since entry of the Original Order that affects the welfare of the child(ren), specifically:

☐ Change in a parent's employment, work schedule, or work location
☐ Relocation or proposed relocation of a parent
☐ Change in the child(ren)'s educational needs or school enrollment
☐ Change in the child(ren)'s medical, therapeutic, or developmental needs
☐ Child has reached an age where expressed preferences warrant consideration
☐ Change in a parent's health or physical capacity
☐ Domestic violence, safety concerns, or violation of a restraining order (N.J.S.A. 2C:25-17 et seq.)
☐ Substance abuse issues or completion of treatment
☐ Parental alienation or interference with parenting time
☐ Prior order was based on consent without a plenary hearing and circumstances have materially shifted
☐ Other: [________________________________]

Narrative description of changed circumstances:
[________________________________]

1.4 Compliance with 2026 Amendments. Consistent with the January 2026 amendments to N.J.S.A. 9:2-4, the parties acknowledge that child safety is the threshold consideration. Before addressing parenting time modifications, any history of domestic violence, abuse, or credible safety concerns must be identified and resolved.

☐ No domestic violence, abuse, or safety concerns exist.
☐ Safety concerns have been identified and are addressed in Article VI of this Agreement.

ARTICLE II — BEST INTEREST ANALYSIS UNDER N.J.S.A. 9:2-4(c)

The parties affirm that the modifications set forth in this Agreement serve the best interests of the child(ren) after consideration of the fourteen statutory factors under N.J.S.A. 9:2-4(c):

1. ☐ Parents' ability to agree, communicate, and cooperate in matters relating to the child
2. ☐ Parents' willingness to accept custody and any history of unwillingness to allow parenting time
3. ☐ Interaction and relationship of the child with parents and siblings
4. ☐ History of domestic violence, if any
5. ☐ Safety of the child and safety of either parent from physical abuse by the other parent
6. ☐ Preference of the child when of sufficient age and capacity (the 2026 amendments elevate this factor and require courts to explain departures from the child's expressed wishes)
7. ☐ Needs of the child
8. ☐ Stability of the home environment offered
9. ☐ Quality and continuity of the child's education
10. ☐ Fitness of the parents
11. ☐ Geographical proximity of the parents' homes
12. ☐ Extent and quality of time spent with the child prior to or subsequent to separation
13. ☐ Parents' employment responsibilities
14. ☐ Age and number of children

ARTICLE III — MODIFICATIONS TO LEGAL CUSTODY

3.1 Current Legal Custody Arrangement:
☐ Joint legal custody
☐ Sole legal custody to Parent A
☐ Sole legal custody to Parent B

3.2 Modified Legal Custody Arrangement (select one):
☐ No change — Legal custody remains as stated in the Original Order.
☐ Joint legal custody — Both parents share the right and responsibility for major decisions.
☐ Sole legal custody to Parent [____] — The designated parent has exclusive authority over major decisions including education, non-emergency medical care, mental health treatment, religious upbringing, and extracurricular activities.
☐ Joint legal custody with tie-breaking authority — Both parents shall consult in good faith; if unable to reach agreement on a specific category, the designated parent shall have final decision-making authority as follows:

• Education decisions: Parent [____]
• Medical decisions: Parent [____]
• Mental health / therapeutic decisions: Parent [____]
• Religious upbringing: Parent [____]
• Extracurricular activities: Parent [____]

3.3 Parenting Coordinator. Pursuant to Rule 5:8-1 et seq., the parties:
☐ Agree to appoint a Parenting Coordinator to assist with implementation of this Agreement and resolution of day-to-day parenting disputes. The Parenting Coordinator shall be [________________________________], or a qualified professional mutually agreed upon or appointed by the Court.
☐ Decline appointment of a Parenting Coordinator at this time.

ARTICLE IV — MODIFICATIONS TO PHYSICAL CUSTODY AND PARENTING TIME

Note: New Jersey uses the term "parenting time" rather than "visitation" to reflect each parent's fundamental right to time with their child(ren).

4.1 Current Physical Custody / Parenting Time Arrangement:
☐ Joint physical custody (shared parenting time)
☐ Parent of Primary Residence (PPR): Parent [____]; Parent of Alternate Residence (PAR): Parent [____]
☐ Other: [________________________________]

4.2 Modified Physical Custody / Parenting Time Arrangement:

☐ No change — Physical custody and parenting time remain as stated in the Original Order.

☐ Change of Parent of Primary Residence (PPR):
The child(ren)'s primary residence is hereby changed from Parent [____] to Parent [____], effective [__/__/____].
New primary residence address: [________________________________]
School district: [________________________________]

☐ Modified Parenting Time Schedule:

Regular Schedule (School Year):

Overnight Schedule:

• Parent A overnights per two-week cycle: [____]
• Parent B overnights per two-week cycle: [____]

4.3 Modified Holiday and School Break Schedule:

4.4 Summer Schedule:
[________________________________]

4.5 Exchanges.

• Location: [________________________________]
• Time: [________________________________]
• Transportation responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]

4.6 Right of First Refusal.
If either parent is unable to care for the child(ren) during their parenting time for a period exceeding [____] consecutive hours, that parent shall first offer the other parent the opportunity to exercise additional parenting time before making alternative childcare arrangements.

ARTICLE V — RELOCATION PROVISIONS

5.1 Pursuant to Bisbing v. Bisbing, 230 N.J. 309 (2017), and N.J.S.A. 9:2-2, any proposed relocation of a parent with the child(ren) that would substantially impact the parenting time schedule shall be evaluated under the best interests standard.

5.2 Notice. The relocating parent must provide written notice to the other parent and the Court at least sixty (60) days before any proposed move, including:

• Proposed new address and telephone number
• Reason for the proposed relocation
• Proposed revised parenting time schedule
• Impact on the child(ren)'s education and community ties

5.3 Consent or Court Approval. Relocation outside the State of New Jersey with the child(ren) requires either:
(a) Written consent of both parents; or
(b) Prior approval by the Superior Court, Family Part, after a plenary hearing if contested.

ARTICLE VI — SAFETY AND DOMESTIC VIOLENCE PROVISIONS

6.1 Applicability. This Article applies only if safety concerns are identified in Section 1.4.

6.2 Domestic Violence History. Pursuant to N.J.S.A. 2C:25-17 et seq. (Prevention of Domestic Violence Act) and the 2026 amendments to N.J.S.A. 9:2-4, the Court must address the following before ordering or approving shared parenting time:

☐ Active or expired Final Restraining Order (FRO): Docket No. [________________________________]
☐ History of physical abuse, emotional abuse, or coercive control
☐ Substance abuse affecting child safety
☐ Unsafe living conditions
☐ None identified

6.3 Protective Conditions on Parenting Time (if applicable):
☐ Supervised parenting time at [________________________________] (approved facility or supervisor)
☐ No overnight parenting time
☐ Drug/alcohol testing prior to or during parenting time
☐ Completion of batterers' intervention program
☐ Completion of substance abuse treatment
☐ No contact with the child(ren) by specific third parties: [________________________________]
☐ Therapeutic reunification services
☐ Other: [________________________________]

ARTICLE VII — CHILD'S PREFERENCE AND GUARDIAN AD LITEM

7.1 Child's Preference. Pursuant to N.J.S.A. 9:2-4(c)(6), if the child(ren) is/are of sufficient age and capacity, the child(ren)'s expressed preference has been considered in reaching this Agreement. Under the 2026 amendments, any departure from the child's expressed wishes must be explained.

☐ Child(ren) not of sufficient age/capacity for preference to be considered
☐ Child(ren)'s preference has been considered and is consistent with this modification
☐ Child(ren)'s preference has been considered but this modification departs from the stated preference because: [________________________________]

7.2 Guardian ad Litem / Best Interest Attorney. Pursuant to Rule 5:8B:
☐ A Guardian ad Litem or Best Interest Attorney has been appointed: [________________________________]
☐ The parties request appointment of a Guardian ad Litem or Best Interest Attorney
☐ No appointment is necessary

ARTICLE VIII — PARENTING EDUCATION AND MEDIATION COMPLIANCE

8.1 Parenting Education Program. Both parents shall complete a court-approved parenting education program if not previously completed, or if ordered by the Court in connection with this modification.

☐ Both parents have previously completed the program (Certificate dates: Parent A [__/__/____]; Parent B [__/__/____])
☐ Both parents agree to complete the program within [____] days of execution
☐ Not applicable

8.2 Complementary Dispute Resolution (CDR). Pursuant to Rule 1:40-5, before filing a contested custody or parenting time motion, the parties shall participate in court-annexed mediation through the Family Part CDR program, unless a domestic violence restraining order is in effect.

8.3 Private Mediation. Before seeking judicial intervention on any dispute arising under this Agreement, the parties shall attempt resolution through a qualified private family mediator mutually selected or, if unable to agree, appointed by the Court. The mediator shall not subsequently serve as a custody evaluator or make recommendations to the Court. Cost shall be shared: Parent A [____]% / Parent B [____]%.

ARTICLE IX — FINANCIAL PROVISIONS RELATED TO MODIFICATION

9.1 Case Information Statement. Each party shall file an updated Case Information Statement (CIS) in accordance with Rule 5:5-2 and Appendix V if this modification involves any change to child support, health insurance, or expense allocation.

9.2 Health Insurance. Parent [____] shall maintain health, dental, and vision insurance for the child(ren). Unreimbursed medical, dental, orthodontic, therapeutic, and prescription expenses shall be allocated: Parent A [____]% / Parent B [____]%.

9.3 Child Support. The parties acknowledge that a change in the parenting time schedule may warrant recalculation of child support under the New Jersey Child Support Guidelines (Appendix IX to the Rules of Court).

☐ Child support is being recalculated concurrently with this modification
☐ Child support is not affected by this modification
☐ The parties reserve the right to seek modification of child support

9.4 Extracurricular and Educational Expenses. Expenses for agreed-upon extracurricular activities, tutoring, and educational enrichment shall be allocated: Parent A [____]% / Parent B [____]%.

ARTICLE X — COMMUNICATION AND CO-PARENTING

10.1 Method of Communication. The parents shall communicate regarding the child(ren) primarily through:
☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents)
☐ Email
☐ Text message
☐ Other: [________________________________]

10.2 Parent-Child Communication. Each parent shall facilitate daily telephone or video contact between the child(ren) and the other parent at a mutually agreed-upon time during their parenting time.

10.3 Non-Disparagement. Neither parent shall make disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence of the child(ren).

10.4 Information Sharing. Both parents shall have full access to school records, medical records, and extracurricular activity information. Each parent shall promptly notify the other of:

• School conferences, report cards, and disciplinary matters
• Medical appointments, diagnoses, and treatment plans
• Emergency situations involving the child(ren)
• Changes to contact information

ARTICLE XI — GENERAL PROVISIONS

11.1 Integration. This Modification Agreement, together with the unmodified provisions of the Original Order, constitutes the complete custody and parenting time arrangement between the parties.

11.2 Severability. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Governing Law. This Agreement is governed by the laws of the State of New Jersey, including N.J.S.A. 9:2-1 et seq. and the applicable Rules of Court.

11.4 Court Approval Required. This Agreement shall be submitted to the Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County for approval. It shall become enforceable as a court order upon the entry of a Consent Order by the Court.

11.5 Amendment. This Agreement may be further modified only by written consent of both parties approved by the Court, or by court order upon motion showing changed circumstances.

11.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

EXECUTION

IN WITNESS WHEREOF, the parties have executed this Custody Modification Agreement voluntarily, without coercion, and with full understanding of its terms.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT AND OATH

STATE OF NEW JERSEY )
COUNTY OF [________________________________] ) ss.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Parent A Signature: _________________________________ Date: [__/__/____]
Parent B Signature: _________________________________ Date: [__/__/____]

CONSENT ORDER

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION — FAMILY PART
[________________________________] COUNTY
DOCKET NO.: FM-[____]-[________________________________]

The Court, having reviewed the foregoing Custody Modification Agreement and the certifications of the parties, and having determined that the modifications are consistent with the best interests of the child(ren) under N.J.S.A. 9:2-4, and good cause appearing:

IT IS on this [____] day of [________________________________], 20[____], ORDERED that the Custody Modification Agreement is hereby approved and incorporated into the judgment of this Court; and

IT IS FURTHER ORDERED that all provisions of the Original Order not expressly modified herein remain in full force and effect.

_________________________________
Hon. [________________________________], J.S.C.
Superior Court of New Jersey
Chancery Division, Family Part
[________________________________] County

Sources and References

• N.J.S.A. 9:2-4 — Custody of child; rights of both parents considered; best interest factors (as amended January 2026 by S4510/A5761)
• N.J.S.A. 9:2-4(c) — Fourteen enumerated best interest factors
• N.J.S.A. 9:2-2 — Relocation and removal of child from state
• N.J.S.A. 9:2-1 et seq. — General custody provisions
• N.J.S.A. 2A:34-53 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• N.J.S.A. 2C:25-17 et seq. — Prevention of Domestic Violence Act
• Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993) — Changed circumstances standard for custody modification
• Bisbing v. Bisbing, 230 N.J. 309 (2017) — Relocation best interests analysis (superseding Baures v. Lewis)
• Rule 1:40-5 — Complementary Dispute Resolution; mediation in Family Part matters
• Rule 5:5-2 — Case Information Statement requirements
• Rule 5:8-1 et seq. — Family Part procedures; Parenting Coordinator program
• Rule 5:8B — Appointment of Guardian ad Litem / Best Interest Attorney
• Appendix V — Family Part Case Information Statement form
• Appendix IX — New Jersey Child Support Guidelines
• New Jersey Courts: www.njcourts.gov