If parents can communicate just enough to be laser focused on the best interest of the children, they should also be able to come to an agreement regarding custody and visitation on their own. However, it takes both parents to want to willingly engage in agreeing on these issues. Unfortunately, this does not always happen and conflicts over child custody can lead to court battles.
Our Hackensack child custody lawyers will seek to help you negotiate a child custody agreement where your child is the ultimate “winner.” If agreement with the other parent simply is not possible, we will advocate for your custody rights in court.
New Jersey child custody law is complicated, and navigating it requires the expertise of a skilled New Jersey divorce lawyer. At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, a child custody lawyer will be there for you providing skilled representation every step of the way. Our advice will consider all elements of your custody arrangements, including joint custody, parenting time, visitation rights, and other matters. Rather than let a negative chain of events unfold, turn to us for legal guidance before issues even start.
Call us today at (201) 880-9770, so we can discuss your unique divorce and custody situation, answer your questions, and show you how we can help. Be assured that we will serve as powerful advocates for you throughout the entire process. If you already have a custody agreement in place but your circumstances have changed, we can advise you about how to modify a child custody arrangement.
Determining a child custody arrangement depends on a range of issues and factors. But there is a primary factor that dictates all decision-making by New Jersey courts: the child’s best interests. You (or the other parent) may fiercely want custody of your child, but if that is not ultimately determined to be in your child’s best interests, your feelings will not carry the day in a court of law. There are independent evaluators who can help assess what is in a child’s best interest if you and the other parent fundamentally disagree about this. A child custody attorney can assist with this, by not only helping you try to negotiate a custody agreement that is mutually satisfactory but also by helping you present the best case before the Court if necessary.
New Jersey’s general custody policy is spelled out in state statute N.J.S.A. 9:2-4, and states in relevant part:
“…it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child-rearing to affect this policy. In any proceeding involving the custody of a minor child, the rights of both parents shall be equal….”
These are not just empty words, although it still is not that simple as it may first appear. Although both parents have the legal right to be involved in the children’s lives, the courts have not interpreted the statute language to mean an automatic or presumptive 50/50 or automatic or presumptive joint custody arrangements. Rather, the courts will consider a wide variety of factors in making custody arrangement decisions.
Under the statute, judges consider the following factors in making child custody decisions:
This list is not all-inclusive. Judges may consider additional things depending on the situation. For example, if you are seen by a judge as trying to damage your child’s relationship with the other parent (alienation) or you are seen as inflexible and demanding when it comes to time with your child, it can significantly decrease your chances of getting the type of custody or visitation you want. Our Hackensack child custody attorneys will provide sound legal guidance to help you avoid issues that could harm your interests in custody decisions.
General custody types include:
Custody rights can come in different combinations. Examples include:
New Jersey courts use the official term “parenting time” instead of “visitation” (N.J.S.A. 9:2-12.1) to refer to time that a parent and child spend together, regardless of whether the parent is custodial or non-custodial. This emphasizes the fact that a non-custodial parent has an important parenting role that extends beyond just visiting with a child.
A parenting plan—also known as a custody plan—can be jointly agreed to and submitted to the court to make it into a formal Court Order. If the parents cannot come to an agreement, the court will make one for you. Frankly, you don’t want that. Instead, it is better if the parents – who know their children the best— try to come up with these plans in any way that works for them, and serve the children’s best interests. Plans should provide a schedule that specifically states when the child is with each parent, for example:
Plans can be quite detailed, depending upon the situation and needs of the parties.
If you and the other parent are unable to come up with a parenting plan on your own, a child custody attorney in Hackensack, NJ can work to try and help you negotiate a favorable and workable schedule that sets the entire family up for success long term. If it becomes clear you and the other parent are at an impasse, then a judge may have to decide the arrangement in accordance with the best interest of the child, not necessarily what either you or the other parent would want. Ideally, let us help you come to an agreement outside of court and if court is determined to be the only path forward, then we will , we will advocate hard for your position before the judge.
Our child custody attorneys hear many common questions from divorcing parents. The following are answers to some of them.
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Contact a Hackensack child custody lawyer to get answers that pertain directly to your situation. Call (201) 880-9770.
The child custody process can vary depending on your individual situation. Here is general information about the process and how our attorneys can help you.
Proceedings can start with filing a custody complaint in the Superior Court of the county where the child resides so long as the child has been in the State of New Jersey for at least six months. If there is also a divorce, then the request for custody and visitation is made as part of the Complaint for Divorce and not as an independent document. In addition to providing information about the parents and the child or children, we also include the type of custody sought, a parenting plan, and discussions of genuine or substantial issues regarding custody or parenting time.
Sometimes, though, filing a formal court action is not the way to start. There are times when we may want to try to talk to the other parent first to see if there is an opportunity to negotiate the issues and resolve the conflict without having to seek the court’s assistance. But even if an agreement can be reached outside of court, we will have the judge sign it so it becomes a formal Court Order that can be enforced later if necessary.
If parents cannot negotiate an agreement between themselves, preferably with help from their attorneys, then the next option could be participating in mediation with a neutral third party experienced in family law. A mediator can work with the parties and attorneys to recommend some other options perhaps not already discussed. Not all mediators are created equal, however. Some have more experience than others. Choosing the right mediator for your particular situation can be critical. Also, how you present your side of the story to a mediator could make or break a productive outcome.
It is always advisable to speak to your own attorney before heading down this road. Your attorney may want to suggest some names of mediators that would be good for you and your situation. Your attorney will definitely want to help you present the legal issues to that mediator so you can appear in the best light possible.
Parents can elect to go to mediation early and voluntarily if there is child custody or parenting time visitation dispute. If they do not, the court will send you to mediation at some point anyhow before the judge holds a formal hearing to decide your issues.
If negotiations and mediation are unsuccessful, the court basically conducts its own investigation through a trial. This is not just “show up and say what you want.” There is a formal trial process and Court rules that the judge requires. If you do not comply, then your side of the story and all the proof that you have may not even be considered. A trial isa serious court event , and you should have experienced legal counsel to navigate you through it. At trial, the judge will weigh the evidence and legal arguments of both sides, as well as any experts for its investigation. The resulting decision will be what the judge believes is in the child’s best interests, given the family’s particular situation and you and the other parent will be bound by it.
If at any time during the process, the parents come to an agreement, it would be ultimately presented to the judge and converted to a formal Court Order.
New Jersey law promotes the concept that it is in the best interest of the child to have strong, functional relationships with both parents. However, the issue of joint custody in New Jersey is by no means straightforward.
If you want your child to live primarily with you, our child custody lawyer needs to come up with the facts that show it is in your child’s best interest. If you want to have sole legal custody that may be more difficult to accomplish unless you can show that the other parent is truly unfit and completely unable to make important decisions concerning your child. It is a high standard. Given the State’s preference that both parents stay involved in a child’s life, a court may be reluctant to agree to that arrangement, unless the facts show it is the right decision for the child.
Custody and parenting time arrangements are often the most contested and difficult family law matters. When your child’s future is affected and your relationship with your child is potentially at stake, it is critical to get skilled legal help with custody and visitation issues. Reach out for a case evaluation with our experienced Bergen County child custody lawyers at [MFR] Men’s & Fathers’ Rights Divorce Lawyers in New Jersey. Call (201) 880-9770 to find out how our child custody lawyers can help you.
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