Plenary Hearing in in New Jersey Modification of Custody Cases and Evidence to Be Submitted. Frequently, when a modification of custody is at issue in the New Jersey Family Courts, the Courts may order a plenary hearing, a mini-trial, in response to a motion for a modification of custody. If one party is seeking to obtain parent of primary residence, the Court may look towards the status quo during the relationship as to how the children were cared for by the parties. At the plenary hearing, parties will have to submit evidence, testimony by the parties, witnesses and other evidence such as texts, emails between the parties and evidence of day care facilities, parenting time schedules suggested going forward and the types of school systems available where the parties live. The time the parties work is important and is relevant as to daycare or care by the parties family members, such as retired parents, and right of first refusal may be at issue.
Green & Associates, LLC Blog
When seeking a modification of child custody there are a number of issues to consider. If the parties cannot agree on a change of custody, a motion with the court must be filed and very often a best interests analysis must be obtained. The court will often order a plenary hearing, a mini-trial where evidence is presented and testimony is taken of the parties, witnesses and experts.
The court may wish to rely on an expert that is a joint expert or each party may obtain their own expert to render a report and testify as to what is in the best interests of the children as regards custody by the parties.
Custody today is generally an issue between one parent being the parent of primary custody or the parents sharing physical custody. Often it is helpful to look at two weeks and 14 overnights to determine how much parenting time each parent will have. If both parties have 7 overnights per two weeks, that is essentially shared physical custody.