New Jersey Child Custody Lawyer
Making decisions on child custody and visitation issues are often the most emotionally challenging aspect of a divorce. If you are grappling with these issues, you should talk to sympathetic advocates who have helped others through similar situations in the past.
New Jersey state law does not declare a preference for either parent in disputes over child custody. While courts traditionally were more likely to award primary custody to the mother, many fathers today seek joint custody or at least substantial visitations. If you are seeking custody of your child after a divorce, you may need the help of a skilled New Jersey child custody lawyer who could mount a strong case on your behalf. A skilled family attorney could explain your right and champion your case.
In any family law matter, New Jersey courts will look to the best interests of the children in deciding what the outcome will be. In doing so, they may examine the parenting skills, willingness and capacity to provide primary child care, employment record, financial status, physical and mental health, and moral fitness of each parent. If the child is old enough to express an opinion and has a strong preference to be with one parent, that could be a decisive factor.
If a married couple seeks a divorce based on irreconcilable differences and it is likely that the parties may get along when it comes to parenting decisions after the divorce, joint custody could be a good option. If one parent was physically or psychologically abusive in the past toward their children or spouse, these claims will typically be taken into account by the court in deciding custody issues. This could result in one parent getting less visitation time, or even having to hire supervisors to accompany the visitations.
An experienced New Jersey attorney could help a parent assemble compelling evidence to support a request for primary child custody. A New Jersey child custody lawyer could also argue against the other parent receiving rights of visitation if a history of domestic violence, substance abuse, or other circumstances make this necessary.
If a divorce in New Jersey is amicable or uncontested, other options for child custody are possible. Under certain favorable circumstances, both the mother and father may share physical and legal custody and work out a parenting plan that reflects the best division of the child’s time.
The parent who gets primary custody may be entitled to receive financial support from the other one. If the supporting parent fails or refuses to pay, the parent with primary custody and their New Jersey attorney could go to court for enforcement of child support in the face of their former partner’s delinquency in making those payments. Possible penalties include wage garnishment or a property lien.
With more women having careers and more men taking an active role in parenting, the awarding of custody is not as automatic a process as it was in the past. This does not mean the process is not complex or that it should be approached without qualified assistance. Any parent seeking child custody may benefit from the help of an experienced New Jersey child custody lawyer. Call today to schedule a meeting with your seasoned local attorney.