New Jersey Modification Without Power
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FAQ
The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.
You will need to file a motion asking the court to grant your request for a modification. To that you'll need to attach a copy of the court order you want to change, a copy of a prior and current case information statement or statements, supporting affidavits (sworn statements) and briefs (legal arguments).
1. You must send an ANSWER to the court within 35 days from the date the Summons was sent to you. That date is shown on the summons you received. Your Answer must be accompanied by either a $30 filing fee, or if you cannot afford the $30 fee, a fee waiver request.
In New Jersey, there are two ways to modify a child custody order: through a consent order or by filing a motion. If the parties agree about the changes that should be made, they can present this agreement to the court to modify the existing court order.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.