NJSBA Family Law Section

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Modification of custody order via conduct

  • 1.  Modification of custody order via conduct

    Posted 10-15-2014 06:57 PM
    Seventeen-year-oldlives with dad in New Jersey, after living with mom in Europe for several years (parties were to share 50/50 under the [NJ] JOD, but dad okay'ed the child living in Europe for school until this year).  Since this September, the child has been attending High School here in NJ.

    We're trying to formalize the change / get an order for custody.  Rather than going through all the 9:2-2 custody factors, I want to argue that a de facto agreement was entered into (separate grounds for a custody decision under 9:2-2(d)), evidenced by the parties' conduct (attending school here with mom not complaining about it).

    Anyone know of case law that would support the idea that an enforceable agreement to change custody can be inferred from the parties' conduct?

    Thanks.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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