How Child Custody Works In New Jersey

Our New Jersey Child Custody Lawyers Thoroughly Understand The Process

Child custody cases in New Jersey can seem complicated and confusing, especially if you’re a parent dealing with creating, modifying or enforcing an existing child custody agreement involving you and your children.

That’s why our New Jersey child custody attorneys at Williams Law Group, LLC want to help you. We have an in-depth knowledge of New Jersey’s legal system as it applies to child custody cases. We have appeared before many Superior Court Family Division judges in New Jersey on behalf of adults dealing with complex child custody cases. As a result, we know what steps to take in order to create the best opportunity for success. We put your best interests first.

Important Factors In Child Custody Cases

Many factors can influence and affect a custodial arrangement in a child custody case. Whether a parent is deemed fit to care for their child, for example, considers any impairments to their mental or physical health, history of substance abuse, and financial ability to provide for the child.

If you are entering custodial proceedings in court or negotiating parenting responsibilities with an ex-spouse, professional legal guidance could make a substantial difference in your case. A skilled attorney on our team can recommend steps to take toward a positive outcome and explain the important factors that can impact child custody in New Jersey.

Influence of Parenting Titles on Custody Rights

Every divorced parent will have a status of custodial or non-custodial. A parent could also be non-biological or adoptive, often referred to as a “psychological parent.” A psychological parent, by virtue of their relationship with a child, takes on all of the emotional, financial, and day-to-day responsibilities of a custodial parent. In this scenario, the child has such a substantial bond with that person that it would harm them if the relationship did not continue.

However, a court must grant a person the title of psychological parent for them to be legally recognized as such. When someone is legally declared by a judge to be a psychological parent, they retain full parental rights, entitlements, and responsibilities – including child support. A dedicated attorney could help a psychological parent understand the different factors that can affect child custody and parenting rights in New Jersey.

Child Relocation in New Jersey

In New Jersey, one must seek a court order or the consent of the other parent to relocate a child out of state. Prior to 2018, the law favored relocating with the child as long as doing so was not harmful to them. However, the law changed in August 2018, mandating courts to examine a parent’s proposal to relocate out of New Jersey with their child using the best interest of their child standard.

Unfortunately, relocation disputes can affect various aspects of parenting plans, including visitation time and physical custody. For this reason, any parent who is concerned about how their proposed move could affect their custodial rights should consult with a local attorney.

Factors for Determining Parental Fitness

When seeking custodial rights, parents must appear fit and able to care for their child. A persuasive litigator could help reinforce the positive traits of either party to assert their capabilities as a parent. However, there are also certain factors that could negatively impact a petition for child custody in New Jersey, which may require the assistance of a dedicated attorney to navigate.

Substance Abuse

If a parent with a substance abuse disorder is not in remission, there are certain circumstances that will prevent them from gaining custodial status. For example, if they were previously accused of child abuse or neglect, there is a presumption of sole legal custody by the other parent until the cause of the finding is remediated and they are in remission. Someone who has been in treatment for substance abuse for less than one year may not be considered to be in remission.

Domestic Violence

If a parent was found to be physically abusive, there is a presumption that the child is safer in the care of the other parent until the problem is effectively resolved. The offending parent can still revisit the issue of child custody with the help of an assertive attorney if they have sought help and received the appropriate intervention.

Domestic violence laws in New Jersey presume that the non-abusive parent should have sole legal custody. This initial determination is made as soon as a restraining order is entered, according to state law.

Restraining Orders

Either party can still litigate the issue of child custody even if one parent takes protective legal measures against the other. It is not uncommon for parents to have joint legal custody despite an outstanding restraining order between them. In this scenario, the parties should communicate through email, text, or some other written form so there is a record of what is said. If the parties are speaking solely about the well-being of their child, the court can refer to written correspondences to confirm that there are no violations of the restraining order.

Avoiding Court for Child Custody in New Jersey

Contrary to popular belief, child custody cases do not have to be decided by a judge. In New Jersey, there is a presumption that the best outcomes in child custody cases are reached through the settlement of the parties. The courts actually prefer for parents to reach a resolution on their own so that both parties have a say in their child’s upbringing and welfare.

Divorcing parents who wish to avoid litigation can reach an agreement for child custody and parenting time with the assistance of a local attorney. After a proposed child-sharing arrangement is submitted to a New Jersey court, a Superior Court Family Division judge will review it and enter it into the final divorce decree.

Alternative Dispute Resolution for Child Custody

Even if parents can agree on child custody between themselves, it is still recommended that they seek legal counsel to help ensure their agreement includes the proper formal language to address any potential changes in the future. If parents cannot resolve their differences amicably and do not want to go through the New Jersey court process, a knowledgeable attorney from our firm could offer advice on the various alternative dispute resolution options for establishing child custody.

Mediation In Child Custody Cases

New Jersey courts mandate parent-child or parenting mediation for both parties soon after a divorce action is filed. During this process, the separating parents meet with a neutral third party who helps facilitate a discussion about where the parents would like the child to live. Through mediation, parents can draft a schedule that grants both parties meaningful access to their child. A diligent lawyer in our area could implement their agreement into a formal custody and parenting time consent order.

Child Custody Arbitration

Alternatively, the parties could participate in arbitration, which is a form of alternative dispute resolution similar to a custody trial. In this formal process, divorcing parents pay an arbitrator to act as a judge and hear evidence that is submitted by the parties and their attorneys.

Like a court judge, the arbitrator makes a credibility determination to consider the information each party has to offer, decide who is telling the truth, and establish which arguments are more persuasive. Once the arbitrator reaches a conclusion, they apply the custody factors and prepare a written decision, which the parties have a limited opportunity to appeal. Because the grounds to appeal are restricted, New Jersey residents should consult legal counsel if they are considering arbitration as an alternative to going to court for their child custody case.

Learn How A New Jersey Attorney Can Help With Your Child Custody Case

Divorcing parents may enter child custody proceedings with amicable intentions to avoid court. However, it can be difficult to reconcile conflicting wants and needs without dedicated legal guidance. If you are attempting to reach a child-sharing arrangement with your ex-spouse, one of our assertive attorneys can explain your options and ensure that your voice is heard throughout the negotiation process.

Even if you seek alternative dispute resolution, you may need a determined legal advocate to protect your relationship with your child. For more information about your legal rights in your child custody case, contact a New Jersey child custody lawyer at Williams Law Group, LLC to learn more about your options. Our law firm has two New Jersey office locations – Short Hills and Parsippany.

Williams Law Group, LLC – aggressive legal advocacy focused on finding solutions.