New Jersey Child Custody Lawyer

We Handle Cases Involving Modification Enforcement, Visitation Rights & More

Child custody cases in New Jersey often quickly turn into complicated legal battles. That’s because there’s so much at stake. As a parent, your child is your primary focus. There is nothing in the world that’s more important than your child’s safety, stability, and happiness.

When faced with a divorce or separation from your child’s other parent, questions often swirl around in your head. What impact will this have on my children? Where will they live? Who will have custody? What are my options?

This is why it’s critical that you fully understand your legal rights when dealing with child custody issues in New Jersey. Otherwise, you could make a mistake that could have long-term consequences. That’s why our New Jersey child custody attorneys at Williams Law Group, LLC want to help.

Our legal team can skillfully help you navigate your way through New Jersey’s complex child custody system. We thoroughly understand how this system works because we have years of experience successfully representing parents seeking custody of their children.

Child Custody Cases We Handle

Our New Jersey law firm works with parents on a wide range of child custody cases, including ones involving:

• Modification Of Court Order – Sometimes, child custody agreements need to be changed or modified. Our law firm helps parents file an application for modification of a court order. If necessary, we then represent parents in court seeking to modify their child custody agreement.
• Modification Enforcement – One of the key elements of a child custody agreement is making sure that both sides abide by the rules and responsibilities outlined in that agreement. If one party fails to do so, it’s critical that legal steps are taken to enforce that child custody agreement or modify the agreement. Ultimately, the goal is to make sure both parents are meeting the child’s needs.
• Visitation Rights – One of the key elements of any child custody agreement involves visitation rights. This simply means when each parent can visit their children, often on a regularly scheduled basis. Child custody visitation rights often become an important legal issue if one parent fails to abide by the visitation rights schedule agreed to by both parents.
• Parent Coordination – Many child custody issues turn into high-stake battles between both sides. When this happens, parent coordination sometimes comes into play in an attempt to resolve such issues in a less combative way. In particular, a neutral third-party parent coordinator (PC) is often appointed to help mediate conflicts between parents by working in partnership with attorneys representing each side.

Types of Child Custody In New Jersey

New Jersey recognizes two forms of child custody:

• Legal custody – This refers to a parent’s right to make major decisions regarding the child’s health, education, religion, and welfare.
• Physical custody – This form of custody refers to whom the child primarily lives with.

Courts will usually award legal and physical custody in the following arrangements:

• Joint Legal Custody to Both Parents
• Sole Legal and Physical Custody to One Parent
• Shared Legal and Physical Custody

You can learn more below and on other pages on our website about different types of child custody arrangements in New Jersey. Or you can simply talk to a child custody lawyer at our law firm to learn more about which type of child custody arrangement is right for you.

Joint Legal Custody to Both Parents

In this common arrangement, the child will usually live with one parent most of the time, this parent is the residential custodian of the child. The other parent will be provided a standard visitation schedule. This visitation schedule will be determined by the needs of the parents and the needs of the child. In addition, this arrangement allows both parents to share in the duties of making major decisions regarding the child’s health, education, and general welfare.

Sole Legal and Physical Custody to One Parent

Sole legal and physical custody of a child is a less common custody arrangement where the parent with whom the child lives also has the ability to make all major decisions for the child, as well as minor decisions. The reason that this is less common is because a judge must make a determination that the other parent is “unfit” in that the “parents’ conduct has a substantial adverse effect on the child.” This could include a history of violence, substance abuse, or abuse and neglect (which has not been adequately addressed). However, even if a parent is unfit, a court will still try to allow “appropriate parenting time” which may include supervised visitation.

Shared Legal and Physical Custody

A custody arrangement is one in which the child spends equal (or almost-equal) time and has equal contact with both parents. Both parents also share in decision making for the child. This arrangement usually occurs by agreement or where a judge determines that the parents can harmoniously co-parent and have a highly effective ability to communicate with one another. This arrangement can also lower a parent’s child support obligation as both parents are sharing in responsibility for the child’s care.

Factors That Can Influence Child Custody In New Jersey?

The underlying consideration when a court makes a custody decision is the best interest of the child. The law presumes that it is in the child’s best interest to have frequent and continued contact with both parents. Our experienced attorneys in New Jersey could explain the various factors that a court may review when making a child custody decision. In making an award of custody, the court is required to consider the following factors:

1. The parents’ ability to agree, communicate and cooperate in matters relating to the child.

2. The parents’ willingness to accept custody and any history of unwillingness to allow parenting time (not based on substantiated abuse).

3. The interaction and relationship of the child with its parents and siblings.

4. Any history of domestic violence.

5. The safety of the child and parent from physical abuse by the other parent.

6. The preference of the child (when of sufficient age and capacity to reason so as to form an intelligent decision).

7. The needs of the child.

8. The stability of the home.

9. The quality and continuity of the child’s education.

10. The fitness of the parents.

11. The geographical proximity of the parents’ homes.

12. The extent and quality of the time spent with the child prior to the separation.

13. The parents’ employment responsibilities.

14. The age and number of the children.

Do Courts Allow Parents to Make Agreed Custody Arrangements?

Yes. Agreed custody arrangements are preferred because of how important it is for children that their parents can peacefully co-parent them. In fact, the only way a court can deny a custody agreement is if it is “contrary to the best interests of the child.” If the parents cannot reach an agreement, courts will often order them to Alternative Dispute Resolution (ADR), such as mediation.

If mediation attempts are unsuccessful, the court may require each parent to submit a custody plan which the court shall consider in awarding custody. Our New Jersey lawyers could help one parent draft a child custody agreement that is fair and benefits their kids.

Common Child Custody Conflicts Between Parents?

Many serious conflicts often arise between parents, legal guardians and other adults when it comes to child custody cases. Such conflicts often involve:

• Parents who fail to abide by existing child custody agreements, especially in cases involving visitation rights.
• Ignoring court orders that apply to child custody agreements.
• Taking a child out of state or out of the country without permission from the other parent.
• Consistently dropping off a child late or early for pre-scheduled parenting times, especially if parents share joint custody of children.

What Makes Child Custody Modification Enforcement Cases Complicated?

There are several reasons why modification enforcement cases involving child custody often turn into complicated legal battles. One reason why is there might be a great deal of disagreement between parents about exactly what happened.

Other specific reasons why modification enforcement cases in particular can be especially complicated include:

• Disagreements over which court has jurisdiction over the child custody case, especially if one parent relocates and moves to a different city, state or country.
• One parent denies the other one’s request to modify an existing child custody agreement.
• Domestic violence and other child abuse or neglect issues involving child custody.

If you need your child custody agreement modified, your existing agreement isn’t being enforced or you need to submit an Application for Modification of a Court Order related to your child custody agreement, our New Jersey lawyers can help.

Which Court Handles Child Custody Cases In New Jersey?

In most cases, most child custody cases in New Jersey are handled by a New Jersey Superior Court judge in the Family Division of the court that has jurisdiction over your case. In most cases, that court will be the Superior Court Family Division judge in the county where the custodial parent lives.

For example, if the parent who has primary custody of a child lives in Short Hills, New Jersey, the Superior Court Family Division judge in Essex County (the court is located in Newark, N.J.) would likely be the judge that rules on the case.

However, if the two parents share joint custody and there’s a debate about which parent’s residence in the primary residence of the child – or if one parent lives in another state – then there might be a dispute over which New Jersey Superior Court Family Division Court or another court in another state has jurisdiction in this case.

What Are New Jersey’s Child Custody Laws?

As you might expect, there are lot of state laws in New Jersey that cover child custody-related issues. Many of these rules and regulations can be found in New Jersey Statutes Title 9, Section 2-1, which is also sometimes to referred to as Children Juvenile and Domestic Relations Courts.

In addition, there are many other state laws in New Jersey that can have an impact on your child custody case, including many other regulations included under New Jersey Statute Title 9, which deals with many legal issues involving children.

The bottom line is it’s important to have an experienced attorney handling your case who thoroughly understands New Jersey’s complex child custody laws, which are often changed and updated. That way, you can be confident that your lawyer is doing everything they can on your behalf.

Unique New Jersey Child Custody Laws

The “best interest of the child” is the prevailing standard across the United States for custody arrangements. However, family law differs from state to state, and New Jersey has its own theories on child custody cases that are distinct from other jurisdictions.

For example, some states presume that it is in the child’s best interests to give primary custody to the parent who acted as the caregiver for the longest amount of time. Other states place more value in which parent is most emotionally fit to care for the child.

Rules of Evidence in New Jersey

Rules of evidence dictate how certain information can be introduced and how much the court will rely on experts in a given child custody case. These guidelines can vary across jurisdictions. Some courts appoint an expert who presents a presumptive piece of information to be considered.

In our area, the court could appoint an expert, a party may retain a private expert, or the case could be presented by a combination of joint experts. All of these options are viable under New Jersey law for the purposes of giving information to the court.

Third Parties in Local Child Custody Cases

Family law is fact-specific, and its application in child custody cases varies depending on the judge deciding the matters as well as any third parties that may be involved. A mediator or arbitrator can provide an opinion as to which party should be given primary custody or increased visitation time based on expert witness testimony. Experts may provide information that they collect through various means, such as:

• Meeting with both parents
• Visiting with the child
• Observing the child’s interactions with both parents
• Talking to third parties about both parents

A mediator or arbitrator may draw certain conclusions based on the facts presented by the experts. Divorcing parents must go through mandatory meetings with a neutral third party as part of the New Jersey marriage dissolution process, but they may also seek additional mediation services for dealing with child custody issues. A New Jersey attorney could advise parents on their options for alternative dispute resolution and explain the relevant laws that may affect their custody case.

New Jersey Emancipation Laws

Emancipation refers to the termination of legal custody. In theory, this involves a child acting outside their parents’ sphere of influence. Under New Jersey statutes, emancipation arguably takes place when a child turns 18 or graduates from high school, whichever occurs second. In other words, if a child is 18 and is still in high school, they remain unemancipated until they graduate.

Emancipation could occur when a child moves out of their parents’ home, obtains full time employment, or has their own child. Further, if a child continues in higher education and attends college full time after graduation from high school, emancipation would not occur until the child graduates from college or secondary education.

As a legal status change to child custody, the emancipation event must be brought before the court or must mutually be agreed upon between the parties. A consent order for emancipation terminates all legal responsibilities of custody over an unemancipated minor, including child support and potentially educational contributions.

Elena was very detail oriented and made sure to lay out all of my options in a very clear and responsive way. She was able to help me last minute with a situation and I couldn’t be more thankful! – M.M.

How Our New Jersey Child Custody Attorneys Can Help You

Few things can become as heated and disputed as a child custody case, which can feel like a battle. Fortunately, the experienced New Jersey child custody lawyers at Williams Law Group, LLC can help guide you through this legally complex and emotionally challenging process.

If you are involved in a complicated child custody case, you don’t have to face it alone. Our New Jersey child custody lawyers can help. Contact us and schedule an appointment today. Our law firm has two New Jersey office locations – Short Hills and Parsippany.

Williams Law Group, LLC – the firm for your life.