Need a Child Custody Lawyer in New Jersey?

Child custody laws in New Jersey are based on the best interests of the child while also taking into consideration the rights of both parents. Joint legal custody with ample parenting time for the noncustodial parent is the ideal outcome when possible. However, accusations brought by your spouse can jeopardize your custody rights.It is important to understand legal rights and obligations under child custody agreements. Rosenblum Law child custody attorneys are experienced in negotiating and litigating child custody cases, and they can best advocate for you in the custody decisions while explaining your rights and obligations. Contact us today if you are facing a custody battle.

Types of Child Custody in New Jersey

There are two types of custody: 

• Legal custody: refers to the right to make decisions for the child. 
• Physical custody: refers to the physical residence of the child. 

There are also four types of custody that the court can order: 

• Joint legal custody: the parents co-parent and share access to the child’s information
• Sole legal custody: one parent makes all the major decisions
• Primary residential custody: the child resides in the home of one parent for 51% or more of the time
• Shared residential custody: the child spends equal time in each parent’s home

Both legal custody and physical custody can involve joint and sole custody. Joint legal custody with one parent having physical custody is the goal of the courts when it is in the best interests of the child. Sole legal custody and physical custody can still allow for parenting time, although this parenting time may be supervised if the other parent is deemed to be a potential hazard to the child.

Factors Influencing Custody Decisions

The courts are directed by New Jersey law to order custody arrangements that are in the best interests of the child. The best interests of the child are assumed to include joint legal custody with ample parenting time for the noncustodial parent, unless evidence is brought against a parent claiming that they are unfit. 

There are several other considerations used to determine the best interests of the child, laid out in Title 9 Section 2-4. 

• The parent’s ability to agree, communicate and cooperate in the best interests of the child
• Any history of a parent to not allow parenting time or accept custody agreements without evidence of substantiated abuse
• Interaction and relationship with the parents and siblings
• Any history of domestic violence
• The safety of the child and parents from abuse of the other parent
• The preference of the child when they are old enough to weigh in (usually age 14)
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents homes
• The extent and quality of time spent with the child prior to separation
• The parents’ employment responsibilities
• The age and number of children

Most of the above considerations are used to determine which home the child will primarily reside in, rather than whether or not it should be a joint or sole custody arrangement. 

Parenting Time Guidelines

Parenting time is specified time that the non-custodial parent spends with their child when the other parent was granted sole custody. There are several considerations taken into account when determining appropriate parenting time for noncustodial parents. In particular, the geographical proximity of the parents’ homes and the employment obligations of the noncustodial parent both come into play when determining parenting time.

Grandparent visitation is allowed in New Jersey. However, this time does not necessarily have to cut into the parenting time of the noncustodial parent.

In some circumstances, supervised visitation may be ordered. Supervised visitation is parenting time in the presence of a third party. This can be a family member designated by the court or another third party with training to be a parenting time supervisor. 

However, unsupervised visitation is usually considered to be best for the parent-child relationship. Thus, supervised visitation is only ordered if a parent’s conduct is found to be dangerous for the child.

The Legal Process for Child Custody in New Jersey

The legal process for child custody in New Jersey begins with initiating a custody case. In most cases, the custody case is initiated in divorce filings. However, if the parents were never married, one of them must file for custody with the court. An attorney can best draft initial filings in child custody cases. 

The filing includes suggested child custody and parenting time arrangements. This should include a parenting plan that details who the child will spend time with and when, including holidays and vacations. 

How an Attorney Can Assist in a Child Custody Dispute

It is important not to go into a custody case without an attorney. The custody attorney can assist in many ways.

Legal Strategy and Case Preparation

The client’s custody goals are taken into consideration while building a case that supports them. This requires gathering evidence and preparing for mediation or court. 

Evidence may include criminal records or arrest records, evidence of substance abuse, or other evidence based on the client’s claims. Witnesses are gathered and prepared for court. The attorney will also formulate a list of questions to ask all witnesses, even those called by the other parent. 

Negotiation and Representation During Mediation 

Both parties should have an attorney to represent them during custody negotiations and mediation sessions. The attorneys will develop strategies to best represent their clients’ interests and achieve the best outcomes for their clients. 

Litigation 

If negotiations fail to resolve the custody dispute, an attorney will represent their client at a custody hearing, presenting evidence and arguments on their behalf. 

If the custody matter is not resolved to the client’s satisfaction, an appeal or modification may be possible. An attorney can advise on the potential outcome of an appeal or modification request, prepare these documents and filings, and represent the client in court proceedings.

Special Considerations in Child Custody Cases

There are some special considerations that can come up in child custody cases. These special considerations require the attention of an experienced attorney.

Relocation and custody

If the custodial parent wants to relocate with the child, they must file paperwork with the courts requesting relocation. Part of this paperwork must include a fair and reasonable parenting plan to continue to allow meaningful time with the other parent. 

Relocation requests are evaluated by the court to determine if the relocation will benefit the child. Opportunities can include better school districts, clubs, religious youth activities, or other chances for the child to thrive. If the custodial parent has an employment opportunity that will greatly enhance the child’s quality of life, this can also be a factor.

Although the rights of both parents are considered, the court will always strive to do what is in the best interest of the child.  

Modification of custody orders

Either parent can request a modification of a custody order if their circumstances change. Often custody modification is the result of one parent needing to move or change jobs affecting parenting time. Custody modification can also be requested if it becomes clear that one parent is unfit for any reason after the initial custody order is made. 

The process for requesting modification starts with filing documentation with the courts. The other parent then has a limited amount of time to respond. If they do not respond, the modification will likely be turned into a new order. If the other parent does respond, a new custody hearing takes place in which evidence and arguments are made for or against modification. 

Practical Advice for Parents

Child custody matters can be contentious, but there are ways to navigate them that protect both the parents’ and the child’s interests. In particular:

• Have open lines of communication and calmly discuss what is going on with the child when changing households. This includes keeping the other parent up to date about events and activities in which the child is participating. 
• Never speak badly about the other parent in front of the child; always strive to create a connection between the child and the other parent. 
• Remain flexible. Things come up, and it is important to deal with them amicably to avoid negatively impacting the child. 
• Comply with all custody orders and the legal process. Failure to comply with custody orders can lead to modifications with less parenting time for the offending parent.

The primary goal in any custody case for both parents should be acting in the best interests of the child. This often means putting feelings aside and remaining calm in dealings with the child and in the child’s presence.

FAQs

Contact Rosenblum Law Today

It is important to have legal guidance during child custody cases. Even when both parents agree, having an attorney review the agreement and parenting plan is wise to ensure it meets the guidelines of the court.
If you have a child custody matter in New Jersey, don’t go it alone. Contact us today for a free consultation with an experienced family law attorney who can guide you through the process and help you achieve the best possible outcome for your family.