Do you believe it is in the best interest of your child for you to receive sole custody? A parent can receive sole custody if they can prove the other parent is unfit or harmful to the child. Understanding how to win child custody in New Jersey begins with reviewing child custody laws.
Understanding New Jersey Child Custody Laws
New Jersey has two types of child custody. Physical custody determines where a child resides and the child’s daily care. Legal custody refers to a parent’s right to make decisions for the child, including educational, religious, medical, and extracurricular decisions.
The court may grant sole or joint custody. Sole custody awards one parent the exclusive right to make decisions for the child. The other parent may have visitation rights or parenting time in NJ. Joint custody divides parenting responsibilities between parents, allowing each to have the right to care for and make decisions on behalf of the child.
Child custody in NJ is governed by uniform family laws. However, there may be local variations in court style or practice, including in Red Bank and Monmouth County. Hiring a local child custody lawyer ensures you have someone on your side who understands Red Bank judges, court preferences, and mediators.
Factors the Court Considers When Awarding Custody in New Jersey
According to N.J.S.A. §9:2-4, it is public policy to ensure children have continuing and frequent contact with both parents. Courts encourage parents to share parenting responsibility and rights unless that would not be in the best interests of the child.
New Jersey Custody laws list numerous factors that judges must consider when determining a child’s best interests. It is essential to understand these factors if you want to win child custody in Red Bank, NJ.
Factors considered in a child custody battle include:
- Parents’ ability to cooperate in co-parenting
- The child’s individual needs
- A history of domestic violence
- The child’s safety
- The stability of the home environment
- A parent’s unwillingness to accept custody or a history of denying visitation
- The child’s relationship with the parents and siblings
- The safety of the child and either parent from physical abuse by the other parent
- The continuity and quality of the child’s education
- A parent’s involvement with the child since the separation or divorce
- The child’s reasonable preferences for custody
- The parents’ fitness to have care and custody of the child
- The geographical proximity of the parents’ homes
- The age and number of children
If you are battling for custody in Red Bank, highlight the proximity of good schools in Red Bank and the availability of community resources in Monmouth County.
Steps To Improve Your Custody Case in Red Bank, NJ
If you seek sole custody, you need to prove it is in your child’s best interest to be with you. You can also present evidence that your child’s other parent is unfit to have custody.
Things you can do to improve your chances of winning child custody in Red Bank include:
- Document your involvement (and the other parent’s non-involvement) in your child’s school events, medical appointments, sports, etc.
- Create a stable living arrangement for your child
- Demonstrate you can effectively co-parent unless it is unsafe for you or your child
- Consider taking parenting classes or counseling, if appropriate
- Avoid confrontations with your child’s other parent
- Keep communications with your ex respectful and focused on your child
An experienced child custody lawyer can help you negotiate a fair child custody agreement. You may also use family court mediation services in Monmouth County to resolve custody disputes.
Common Mistakes Parents Make That Could Hurt Custody Cases in Monmouth County, NJ
If you want to win child custody in New Jersey, you need to avoid making mistakes that could cause the court to rule against you. Mistakes that could hurt your custody case include:
- Moving with your child without notice or court approval
- Violating temporary child custody orders
- Using alcohol or drugs
- Speaking negatively about your child’s other parent in front of your child
- Failing to appear for court hearings and/or mediation
- Withholding visitation
- Lack of cooperation in co-parenting
- Becoming involved in criminal activity
Failing to obtain adequate legal counsel is another mistake that could hurt your child custody case.
Contact an Experienced Monmouth County Child Custody Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
Navigating a child custody battle in New Jersey can be stressful and emotional, but understanding the law and preparing carefully can make a big difference. Call our Red Bank child custody lawyers at The Law Office of Jennifer J. McCaskill, LLC to discuss your situation with an experienced family law attorney.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
