child custody

FAQs: Child Custody in New Jersey

If you are involved in a dispute regarding the custody of your children, you probably have a lot of questions. Here are some answers to some questions we often hear from clients who are concerned about child custody issues.

Who Will Get Custody of the Children?

It is impossible to predict how a court will determine child custody. Under New Jersey law, courts are required to make child custody determinations based on the best interests of the child.

What Types of Custody are there in New Jersey?

Under New Jersey law, courts can order a variety of custodial arrangements. For example a court may order that both parents share physical custody and legal custody (the right to make important decisions about the way in which a child is raised) of a child. On the other hand, a court could order sole legal or physical custody of a child, or both. When this occurs, the noncustodial parent often is awarded visitation time by the court.

What Factors Will a Court Consider when Making a Child Custody Decision?

Courts can consider a number of factors when making a child custody determination. Some of the factors that they must consider under New Jersey law include the following:

  • The parents’ ability to agree, communicate and cooperate in matters related to the child
  • The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
  • The interaction and relationship of the child with parents and siblings
  • The history of domestic violence, if any

What If My Child’s Other Parent and I Agree on a Parenting Plan?

If you and your child’s other parent can come to an agreement about custody, the court will approve your plan unless that it finds that it is contrary to the child’s best interests.

Do I Need a Lawyer if I am Involved in Child Custody Dispute?
New Jersey courts have significant discretion when making decisions about child custody and can consider any factor that they deem relevant. For this reason, it is highly advisable for anyone involved in a child custody dispute in New Jersey to retain an attorney. A lawyer will build a case in support of your position, maximizing your chances of obtaining the child custody arrangement you are seeking.

Call 732-422-1000 today to schedule a case evaluation.

Child custody is a complicated area of law, and the way conflicts regarding child custody are resolved can have a significant impact on your ability to having a meaningful relationship with your child. To schedule a consultation with our New Jersey child custody attorney, call our office today or contact us online.