Child custody matters in New Jersey often arise during a divorce or separation. However, other situations may result in a custody dispute, including allegations of domestic violence, parental fitness, grandparent rights, and paternity. At The Law Office of Jennifer J. McCaskill, LLC, our legal team has extensive experience in all matters related to child custody.
Our custody lawyers have decades of combined experience in family law and have worked with thousands of families in numerous family law matters. We use effective legal strategies to obtain the best outcomes for our clients.
If you are facing a child custody matter, contact The Law Office of Jennifer J. McCaskill, LLC at at (732) 747-1882. to schedule a free consultation with our New Jersey child custody lawyer.
How Our New Jersey Family Law Lawyers Help You Resolve a Child Custody Matter
When custody is at stake, you need an experienced child custody attorney who will vigorously advocate for you and your child. You will also need an attorney who understands child custody laws and court procedures in New Jersey and is familiar with the judges and courts in the area.
At The Law Office of Jennifer J. McCaskill, LLC, we have over 20 years of experience handling family law cases. When you hire our top-rated New Jersey family law and divorce attorney, we will:
- Listen to your situation to gain a better understanding of what you need and desire
- Explain your legal rights and how New Jersey child custody laws apply in your case
- Investigate matters related to your child custody case, such as an unfit parent, domestic violence, parental alienation, etc.
- Assist you in prioritizing your goals for a child custody agreement
- Gather evidence proving the elements of our case
- Work with the other side to negotiate a fair parenting plan that benefits you and your children
- Go to court and fiercely argue the case to a judge if necessary
Our attorneys are trusted and respected throughout the community. We have a perfect 10.0 rating with Avvo and an excellent 5-star review with Google. Attorney Jennifer J. McCaskill has held top ratings with Super Lawyers for numerous years. Our legal team has the skills, resources, and experience to handle the most challenging child custody cases.
Schedule a free case evaluation with The Law Office of Jennifer J. McCaskill, LLC to talk to an experienced New Jersey child custody lawyer.
Understand How Child Custody Works in New Jersey
When parents separate or divorce, their parental responsibilities do not disappear. They still have a duty to provide for their child’s financial needs (i.e., child support) and fulfill their parental duties. A child support arrangement outlines each parent’s rights and responsibilities regarding their child.
Types of child custody in New Jersey include:
Physical Custody
Physical custody refers to the parent the child lives with. The address of that parent is used for school registration and health records. A child may reside with one parent most of the time, known as their custodial parent.
However, the court may order a different schedule, including shared or 50/50 physical custody. Even when the judge orders joint physical custody, a child may primarily reside with one parent for stability and continuity.
Legal Custody
A parent with legal custody has the right to make decisions for their child. Major decisions include medical decisions, religious upbringing, educational matters, and participation in extracurricular activities. Parents may share legal custody so both parents can make decisions, or the court could grant one parent the right to make all decisions without consulting the other parent.
Types of Child Custody Arrangements in New Jersey
Courts may grant several types of custody arrangements depending on what is in the child’s best interests.
Sole Custody
Sole legal custody gives one parent the right to make all decisions for the child without the other parent’s input. If a parent has sole physical custody, their child lives with them, whereas the other parent has a set visitation schedule. The court may restrict or deny visitation if seeing the other parent could harm the child’s well-being.
Joint Custody
Joint legal custody means parents make major decisions for their child together, regardless of the physical custody arrangement. Under this arrangement, the child can live with either parent.
However, a child usually has a primary residence to maintain stability and continuity. Joint custody requires parents to be willing to cooperate and compromise.
Shared or 50/50 Custody is Favored by the Courts in New Jersey
Courts in New Jersey do not favor either parent. Parents begin a child custody case on level footing. A parent seeking sole custody must prove to the court that the other parent is unfit or there is another reason why the other parent should not have custody.
The state’s policy regarding child custody is found in N.J.S.A. §9:2-4. The law states that it is public policy that minor children should have continuing and frequent contact with both parents after a divorce or separation. It is also in the public interest to encourage parents to share the responsibilities and rights of child-rearing. This presumption for shared custody only applies if the arrangement is in the best interest of the child and both parents are deemed fit.
Development of Parenting Plans and Timesharing Agreements
Parenting plans outline the details of child custody, including cooperating arrangements and preferences for child custody. Parents are encouraged to work together to develop a plan that is in the child’s best interest.
A judge reviews proposed plans to ensure they are in a child’s best interest before approving the plan. If parents cannot agree to the terms of a parenting plan, the judge determines the custody arrangement that is in the child’s best interest.
Parenting plans explain how the parents will make decisions about their child’s upbringing and share responsibilities for the child’s care. These plans cover many topics including, but not limited to:
- A designation of legal and physical custody
- Living arrangements
- Visitation schedules
- Healthcare matters
- Educational matters
- Transportation provisions
- Plans for holidays and birthdays
- Provisions addressing travel out of the state or country
- Plans for accessing and sharing school and medical records
- Provisions for requesting an exception to the plan should an unexpected event occur
Parenting plans may include other issues relevant to the specific family. For example, if the child has a pet, the parenting plan may address where the pet is to live. Should a child have special needs, the plan may designate which parent is primarily responsible for maintaining government assistance.
Factors Courts Consider When Deciding Child Custody Matters
If parents dispute child custody, a judge must determine what is in the child’s best interest for custody arrangements. Judges consider numerous factors when deciding the best interest of the child, including:
- The number and age of the children
- The needs of the children
- Each parent’s relationship with the child
- The fitness of each parent
- A child’s educational needs
- The stability of a parent’s home environment
- The location of the parents’ homes to each other
- A child’s preference for custody, provided it is reasonable and they are mature enough to make the decision
- Any history of neglect, domestic abuse, or abandonment
- Each parent’s employment responsibilities
- The ability of each parent to cooperate and communicate to facilitate the child’s relationship with the other parent
Judges may consider other factors relevant to determining what is in a child’s best interest.
It is best if the parents can develop a parenting plan together. Parenting plans negotiated between parents tend to be more successful than court-ordered plans because the parents know their children better than the court and know what works best for them.
Can I Modify a Current Child Custody Order in New Jersey?
Depending on your child’s age, you may be under a child custody order for over a decade. Circumstances change over the years that might make it necessary to modify an existing child custody order. However, the change in circumstances must have been substantial and something that was not predictable.
To modify a custody order, a parent must petition the court for a modified order. Some parents may agree to modify the terms of their court order. They might even put their agreement in writing. However, unless the court issues an order, any agreement to change custody between the parents is unenforceable in court.
Parents can propose a consent order to modify child custody. The judge considers the reasons for modifying custody and whether the modifications are in the best interest of the children. If you need to change a child custody order, speaking with an attorney immediately is best.
Schedule a Free Case Review With Our New Jersey Child Custody Attorney
We treat you like family at The Law Office of Jennifer J. McCaskill, LLC. You and your children’s well-being are important to us. Call now for a free case review with a New Jersey child custody attorney.
