Child custody is an issue that must be addressed in divorce cases when the couple shares children. However, child custody matters may arise in cases involving grandparent rights, paternity, allegations of domestic violence, and other family matters. Regardless of how child custody comes before the court, it is crucial that you have experienced legal representation to protect yourself and your child throughout the proceedings in Tinton Falls, NJ.

The family law attorneys at The Law Office of Jennifer J. McCaskill, LLC, have decades of experience. We thoroughly understand New Jersey child custody laws and the complex issues involved in custody cases.

Our legal team protects our clients’ best interests and well-being. We are dedicated trial lawyers who use proven strategies to obtain our clients’ desired outcomes.

Call The Law Office of Jennifer J. McCaskill, LLC at (732) 747-1882 to schedule a free consultation with our Tinton Falls child custody lawyers. We will fight to protect your parental rights and your child’s best interest.

How The Law Office of Jennifer J. McCaskill, LLC Can Help You With a Child Custody Case in Tinton Falls

You want to protect your child during a divorce or other court action. At The Law Office of Jennifer J. McCaskill, LLC, our attorneys are committed to your child’s well-being and your rights as a parent.

We use mediation and negotiation when possible to resolve disputes. However, we do not hesitate to take the case to court when necessary. Our lawyers can protect your right to have a say in how your child is raised.

When you hire our top-rated Tinton Falls family law attorneys, you can trust we will:

• Meet with you to learn about you, your children, and your situation
• Develop effective strategies for obtaining a child custody order that aligns with your goals and needs
• Gather evidence supporting your position for child custody, including working with leading experts when necessary
• Handle all communication with your ex-partner and their attorney
• Use proven negotiating techniques to resolve disputes without litigation if possible
• Forcefully advocate for you and your child during court hearings and trials

Our lawyers have an excellent reputation with our clients and peers. We have top ratings with Avvo, Super Lawyers, and other legal organizations. With over 20 years of combined experience, we will use our considerable legal knowledge and resources to fight for a divorce settlement in Tinton Falls, New Jersey that will protect your interests now and in the future.

Call The Law Office of Jennifer J. McCaskill, LLC, to schedule a free case evaluation with an experienced Tinton Falls child custody attorney.

Overview of the Legal Process for a Child Custody Case in New Jersey

Each child custody case is unique. The reasons for child custody coming before the court vary. Yet, the process in a custody case follows several common steps, including:

• Filing a Motion: A party files a motion with the family court seeking a specific type of relief, such as sole custody, modification of custody terms, permission to relocate with the child, termination of parental rights, etc.
• Discovery: The discovery process involves exchanging information and evidence with the other party. Several discovery tools parties can use to gather evidence include depositions, subpoenas, requests to produce, and interrogatories.
• Custody Evaluation: The court may order a custody evaluation to assess a child’s best interests. Custody evaluators are neutral parties. Their sole purpose is to investigate the circumstances that impact the child.
• Negotiation and Mediation: Judges encourage parents to work together to develop a parenting plan and time-sharing arrangement that is in the family’s best interest. Mediation and negotiation are confidential.
• Court Hearing: If the parents cannot agree to a custody settlement, the court schedules a hearing. The parties present their evidence to the court, and the judge decides custody based on the evidence and relevant laws.
• Final Order: The court issues a final custody order outlining the custody arrangement and parental responsibilities.

Either parent may petition the court to modify custody terms if circumstances change. The parent seeking to change custody terms has the burden of proving a substantial change in circumstances justifies modifying the current custody order.

What Factors Do Judges Consider When Deciding Child Custody Cases in Tinton Falls, NJ?

The court does not give preference to either parent in custody cases. The parents begin the case on a level footing. If a parent seeks sole custody of their child, they must prove it is in the child’s best interest to take custody away from the other parent.

The primary concern in child custody cases is what is in a child’s best interest. Judges are required to base custody decisions on what protects a child’s well-being. Factors judges consider when deciding what would be in the best interests of a child for custody include:

• The number and ages of the children living with a parent;
• The child’s reasonable preference for custody;
• The location of the child’s school in relation to a parent’s home;
• The child’s special needs, if any;
• The quality and extent of time a parent spent with a child prior to the custody case;
• The ability of each parent to cooperate and communicate with the other parent in matters related to their child;
• The stability and safety of the child’s home;
• The fitness of each parent to care for the child;
• The distance between the parents’ homes; AND,
• Allegations of abuse, domestic violence, or neglect.

A judge may consider other factors relevant to deciding whether a custody arrangement is in a child’s best interest. Even when parents propose a parenting plan and time-sharing agreement, the judge considers the above factors to ensure the proposed custody arrangement is in a child’s best interest.

What Is a Parenting Plan?

A parenting plan outlines parental responsibilities for parents when they are no longer together. It addresses numerous issues including, but not limited to:

• Living arrangements
• Visitation schedules
• Healthcare
• Education
• Transportation to and from visitation
• Financial support
• Decision-making process
• Means of communication with the child
• Holiday and vacation schedules

A well-drafted parenting plan can provide stability and continuity for a child and reduce disputes between parents.

What Are the Types of Custody Parents May Have in New Jersey?

The court may grant joint or sole custody to a parent. The types of custody include legal custody and physical custody.

Joint legal custody means the parents share decision-making authority for their child. Both parents have a say in important decisions impacting their child, such as health care matters, education, religious upbringing, and extracurricular activities. Joint legal custody requires parents to cooperate and collaborate to make decisions that benefit their child.

Sole legal custody gives one parent the right to make decisions for their child. They do not need to discuss the matter with the other parent before deciding. However, they may need to inform the other parent of their decision when the matter significantly impacts their child’s well-being.

Joint physical custody (i.e., residential custody) gives both parents an equal right to have their child stay with them. The split should be as close to 50-50 as possible to allow the child to spend sufficient time with each parent. However, the division of time depends on what works best for the family.

Sole physical custody makes a parent primarily responsible for a child’s day-to-day care. The child lives with the custodial parent, and the non-custodial parent has visitation with the child based on the visitation schedule ordered by the court.

Modifying Child Custody Orders in Tinton Falls, NJ

New Jersey child custody laws permit parents to petition the court to change custody terms. If the parents agree to the modification, they can submit a proposed agreement for consideration. If the court finds the modifications are in the child’s best interest, they are likely to be approved.

When a parent does not consent to modifying child custody, the parent seeking a change in custody terms must prove the changes are in the child’s best interest. They must also prove that a substantial change in circumstances led to the petition to modify custody.

Can I Deny Visitation if My Ex Is Behind in Child Support Payments?

Child support and child custody are two separate matters. You cannot deny court-ordered visitation because your ex has not paid their child support payments. If you deny visitation between the child and their other parent, you may be charged with contempt of court.

Instead, talk with a lawyer about your options for pursuing back child support. Parents face numerous penalties for failing to pay child support.

Talk with an attorney immediately if you cannot afford your child support payments. You may have grounds for reducing child support payments under the New Jersey child support guidelines.

Call Now for a Free Consultation With a Tinton Falls Child Support Attorney

Your children deserve to have a custody arrangement that benefits them. You need to protect your parental rights to preserve your relationship with your children. At The Law Office of Jennifer J. McCaskill, LLC, we fight to obtain the child custody terms you want. Call us to schedule a free consultation with a Tinton Falls child custody lawyer.