How to Win Child Custody in New Jersey
When awarding custody in New Jersey, courts consider the child’s best interest, status quo, and schedule, as well as the parents’ abilities to communicate. Courts can also investigate where the child’s school and doctor are located and what kind of community they live in. Unfortunately, custody cases are not always clean and amicable. You may need to fight for a custody arrangement that is right for you and your family.
These cases can be drawn out and trying for everyone involved. However, it is essential to find an arrangement that will be best for your child. An experienced family lawyer could explain how to win child custody in New Jersey. A custody lawyer could stand by your side from the beginning of the process through the bitter end of the trial, always fighting for you.
Proving Capability to be Sole Custodian in New Jersey
Parents can prove that they are capable of obtaining full custody by enlisting the assistance of mental health professionals and other resources in their community. Custody matters can be contested, in which case, there may be a custody evaluation. Either the court will appoint someone or parties could find a private evaluator. The evaluator could interview the child, the parents, and any collaterals such as teachers, doctors, and care providers. These parties could then make their recommendations.
It is important for parents not only to strategize the case but also to have the right experts because judges often look to expert reports and opinions to help them make decisions regarding custody. Maintaining a healthy relationship with all these people involved in a child’s life could demonstrate that a parent is already prepared to work cooperatively to ensure the best interest of the child. Continually acting in the child’s best interest is one of the betters ways of how to win child custody in New Jersey.
Declaring a Parent as Unfit in New Jersey
In New Jersey, parents are deemed unfit if they abuse or neglect their child, have a substance abuse issue, and/or is mentally unstable. Unfit parents might also fail to address the child’s medical needs or have documented histories of failing to bring their child to school.
When one parent is deemed unfit, custody generally shifts solely to the other parent as long as they have an existing relationship and are also deemed fit. In situations where both parents are deemed unfit, the state will step in and remove the child from the care of both parents. An attorney could help parents argue that they are fit to take care of their child and argue on their behalf in court.
How Could An Attorney Help a Parent Win Child Custody in New Jersey?
A New Jersey custody lawyer could work with a parent to set their goals and pursue legal and physical custody. Legal custody awards the parent decision-making authority over major decisions that will affect the child such as healthcare and education. Parents often have joint legal custody over their children. To be awarded sole legal custody, the other parent must be an inept caregiver, unable to make decisions, and uncooperative.
Parents may have joint legal custody, but one parent might seek to be deemed the parent of the primary residence. With that designation, the court will consider the best interest of the child as the statute asserts that both parents should have continuing and frequent contact with their child. The parent seeking to have primary residence must demonstrate why it would be in the child’s best interest for them to have custody of the child, what type of parenting arrangement is healthiest, and why it should not be a straightforward 50-50 arrangement. The burden of proof lays with the parent seeking to gain primary custody, so hiring a strong attorney may be one good way of how to win child custody in New Jersey.
Start Planning Your Case Today
Parents trying to win custody of a child in New Jersey should consult with an experienced family law attorney familiar with the changing laws, the types of experts needed, the judges in this jurisdiction, and the procedures. A knowledgeable attorney should help parents develop a strategy so that they can prepare the appropriate information and proof in accordance with the law and the court. If you need help getting custody of your child, it is important to call a lawyer. An attorney could help you learn how to win child custody in New Jersey and help you prepare for your family’s future.
