New Jersey Child Custody Lawyer
Are you facing a child custody dispute in New Jersey? Arons & Solomon Divorce Lawyers can help you navigate this difficult time when you call (201) 487-1199. Our firm offers a free consultation with a New Jersey child custody lawyer who can explain your options and help you move forward with confidence.
Child custody cases are emotionally charged and can have lasting effects on your family. Having experienced legal guidance can make a meaningful difference when important decisions are on the line. An attorney can help protect your parental rights, advocate for your children’s best interests, and work toward a resolution that supports your family’s future.
Why Call Arons & Solomon Divorce Lawyers for Help Resolving a Child Custody Matter in New Jersey?
Things can be incredibly difficult when two parents aren’t on the same page. Even if you have an amicable relationship with your child’s other parent, quality legal advice is critical. Our trusted family lawyers at Arons & Solomon Divorce Lawyers are ready to stand by your side at every phase of the legal process.
Here’s why you should choose us when you need help in New Jersey:
- Our attorneys have over 150 years of combined experience helping clients resolve family law issues. Now, we’re here to provide the top-quality legal representation you deserve.
- For our success, we’ve been recognized with Martindale-Hubbell’s top “Preeminent” lawyer rating. We have also been listed among Bergen County’s “Top Lawyers” by (201) Magazine.
- We’re well-known in the legal community and have earned a five-star rating on Google.
You don’t have to take our word for it. When you’re dealing with sensitive family law issues, call our New Jersey family law attorneys for a free consultation. There’s never any risk or obligation.
Overview of New Jersey’s Laws on Child Custody
Under New Jersey law, the overarching policy is that both parents’ rights are considered. In developing parenting plans, the state recognizes that children should have regular contact with each parent–even after a divorce.
Family law judges always consider the best interests of the child when resolving child custody disputes.
That said, courts in New Jersey have significant discretion when resolving child custody issues. Child support guidelines provide relatively fixed standards for resolving financial obligations. When it comes to child-rearing, the courts are free to consider virtually any relevant issue.
What Types of Child Custody Arrangements Does New Jersey Recognize?
A child custody order will address two primary types of custody: legal custody and physical custody. Each has its own set of considerations.
What is Legal Custody in New Jersey?
Parents are tasked with making important decisions about their child’s upbringing. These decisions can have a significant impact on a child’s future. Legal custody orders address each parent’s decision-making authority.
Legal custody typically addresses decisions regarding the child’s:
- Education
- Religion
- Medical treatment
- The child’s participation in sports or extracurricular activities
Again, judges have discretion when awarding legal custody. Joint legal custody is always possible–especially when two parents show they’re able to work together to make these decisions.
Sometimes, however, the court will award one parent final authority when it comes to resolving conflicts. They may even decide that one parent will have sole decision-making authority.
What is Physical Custody in New Jersey?
Physical custody orders dictate the amount of physical time a parent spends with their child. Again, courts have discretion in deciding physical custody arrangements.
As an overarching matter, the court must approve a parenting plan. Many different arrangements exist. One parent may retain primary physical custody while the other parent is granted visitation rights, or “parenting time”.
It’s entirely possible that each parent can be granted fairly equal time with the child. Joint custody arrangements can take many forms in New Jersey. Again, it depends on what is in the child’s best interests.
Most of the time, a parent with physical custody has the right to make basic decisions while they’re with their child.
Parenting plans can be extremely specific, dictating which parent will have physical custody at all times. They can also be defined more loosely. It depends highly on the parents’ ability to agree and work together.
Who Determines Child Custody and Parenting Time in New Jersey?
It’s always possible that two parents can agree to a child custody arrangement without the judge intervening. While the judge must approve the plan, they don’t necessarily have to dictate its terms. In fact, it’s typically best for two parents to work toward a mutual agreement.
That’s particularly true because:
- It’s advantageous to avoid an expensive and time-consuming trial
- It’s never entirely possible to know what a judge will decide
We know child custody issues can be incredibly difficult. Even if you’re initially unable to reach an agreement, our lawyers can facilitate mediation. We can help you negotiate with your child’s other parent and their attorney.
It’s also important that you have an attorney who can help you understand the terms that must be addressed within the custody agreement. Our lawyers have decades of experience helping families like yours. You can get the legal advice you deserve by calling our experienced New Jersey child custody attorneys today.
What Happens if My Co-Parent and I Cannot Agree on a Custody Arrangement?
When mediation and negotiations fail, our attorneys will prepare a parenting plan that reflects your wishes. Your co-parent’s attorneys will do the same. Each parenting plan will be submitted to the judge. The judge will generally evaluate those parenting plans and determine which elements to incorporate into the final divorce order.
A trial may be necessary in these cases. Our attorneys will submit evidence and help identify solutions as we fight for the best possible outcome.
What Factors Do Courts Consider When Deciding Child Custody Matters in New Jersey?
The child’s best interests are always the key consideration. Even when two parents agree on a plan, the courts will evaluate that plan to ensure it considers what’s best for the child.
In New Jersey, judges will consider many factors when evaluating what’s in the child’s best interests, including:
- Whether the parents have the ability to cooperate and agree
- How parenting responsibilities were divided prior to divorce or the dispute
- Whether either parent has been unwilling to allow the other parent to spend time with the child
- The child’s relationship with each parent
- The child’s relationship with siblings
- Each parent’s home environment
- The child’s educational needs and the desire for stability
- Any domestic violence history
- Each parent’s fitness to care for the child
- Any special needs of the child
- Geographic proximity, and how close the parents live to each other
- Each parent’s job responsibilities
Depending on the child’s age and maturity, their preferences may also be considered. Really, the judge is permitted to consider any relevant factor.
Can Existing Child Custody Orders and Arrangements Be Modified in New Jersey?
Child custody orders are not set in stone. When circumstances change, it is possible to request a modification. That said, the parent requesting a modification must demonstrate that a significant change in circumstances has occurred.
To obtain a modification, you must file a motion with the court and provide evidence to show a significant and material change, such as:
- A change in the child’s needs
- One parent has to relocate for work or is experiencing changes in work duties
- One parent is abusing drugs or alcohol
- Either parent has developed an illness that impacts child care
- Evidence exists to show that a parent is abusing or neglecting the child
- One parent has refused to comply with the existing order
It’s always possible to work with your child’s other parent to develop a revised parenting plan over time. Circumstances can and do change. The courts recognize this–and that an existing plan may no longer be in the child’s best interests.
What Can I Do if My Co-Parent Violates a New Jersey Court’s Child Custody Order?
It’s important to begin documenting each violation immediately. Keep a written record of any violations and communications.
Violations of existing orders can involve:
- Failing to adhere to the schedules provided in the order
- Withholding the child intentionally
- Refusing to allow communication
Sometimes these violations stem from basic miscommunications. Our attorneys can help facilitate mediation and try to reach an agreement with your child’s other parent. We can also file a motion with the courts.
In cases involving these types of violations, New Jersey courts may:
- Award additional time to the compliant parent
- Require that the non-compliant parent cover attorneys’ fees and court costs
- Impose economic penalties or community service as punishment
Criminal enforcement is also possible in the most egregious cases. Disputes are not uncommon. Consulting an experienced attorney should be your first step. Our attorneys have the tools to help.
Contact an Experienced New Jersey Child Custody Lawyer for a Confidential Consultation Today
When child custody is at stake in New Jersey, emotions can run high. Let our lawyers help you find a workable solution. Call an experienced New Jersey child custody lawyer at Arons & Solomon Divorce Lawyers for a free and confidential consultation today.
