Monmouth County Family Law Lawyer
Family law lawyers help people navigate a number of complicated domestic issues, including custody, paternity, and divorce. These matters are often emotional and very personal, and they can also carry serious financial implications.
If you are attempting to create a parenting agreement, collect child support, seek visitation, or divorce your spouse, you will likely need the assistance of a Monmouth County family law lawyer. You may be able to negotiate with the other party, or you might end up litigating the matter in court. Either way, having a skilled attorney at your side could make the process run more smoothly and ensure the protection of your rights.
Custody Disputes in Monmouth County
When divorcing, both parents can seek custody of their minor children. Parenting plans will include a visitation schedule that allows time with both parents and detail how the parties will make crucial decisions.
Parents often share in the decision-making responsibilities, and both will be given parenting time with their children unless there is a good reason for the court to award such rights to just one party. Sole custody is uncommon, but if the parents cannot reach any agreements on medical decisions, education, and religious upbringing, the court might decide to make one parent solely responsible for determining these matters.
In general, courts want both parents to play a significant role in the children’s lives. The judges will always make custody rulings based on the children’s best interests, rather than just what the parents think works best. A Monmouth County child custody lawyer can evaluate a client’s case for custody and advocate on behalf of their client’s interests.
Paternity Cases and Parental Rights
Biological fathers have rights in New Jersey just like all natural parents, but sometimes a man may have to prove that he is the child’s biological father before he can attempt to seek custody or visitation. An unmarried father may establish his paternity by signing the child’s birth certificate. In other cases, a man might need to request a DNA test to prove that he is the father.
Courts do not have to award any visitation time to a father simply because he proves he is related to a child, and they will still attempt to find an arrangement that is in the child’s best interests. However, establishing paternity almost always leads to an obligation to pay child support even if the court awards no visitation.
Conversely, a mother can request a paternity test to establish a man as a child’s biological father to compel the man to pay child support.
Paternity cases can be emotional for everyone involved. A Monmouth County family law attorney can help individuals understand their legal rights during these complex proceedings.
Divorce and Property Division
Divorce cases can involve many financial factors. Most importantly, spouses who are ending their marriage must find ways to divide their property. In New Jersey, courts will divide property equitably, which does not necessarily mean evenly.
Not all property owned by a person will be part of a marital estate, so divorcing spouses should know which assets are their sole property. Courts may also choose to award alimony to spouses who depend on their partner for support. All financial decisions will include a detailed analysis of many factors, including but not limited to the parties’ assets, economic circumstances, earning capabilities, age, health, and the length of the marriage.
Parties who have premarital agreements (also known as prenuptial agreements) may have to follow those terms when dividing assets and setting spousal support. A skilled attorney in Monmouth County can advocate for a fair division of assets and work to protect their client’s interests in these situations.
Reach Out to a Monmouth County Family Law Lawyer to Guide You Through Your Case
Family law issues are often stressful, and the implications of custody agreements, divorce decrees, and child or spousal support contracts may play a significant role in your life far into the future.
A Monmouth County family law lawyer can work to protect your best interests during the legal process. If you are negotiating or litigating any of these matters, you will need to have a strong legal advocate on your side. Call today to learn more.