Will I Receive Alimony in My Divorce?
One of the most stressful issues that is frequently argued in divorce cases or family law disputes is child custody. Whether you are getting a divorce from your spouse or you share a child out of marriage, Leslie Law Firm can help. Although it can be difficult to agree on who will take care of your child and where they will live, our goal is to help you establish a thorough parenting plan that meets your family’s needs. Contact the dedicated Morris County family lawyers here at Leslie Law Firm for comprehensive representation for your child custody issue.
In child custody cases, the parties will discuss legal and physical custody. We will help you devise a custody and parenting plan to express your desires and what you think is best for your child. The goal is for both parents to maintain a healthy connection with their children, even though the relationship with the other parent has changed.
When it comes to sensitive matters like child custody and visitation, we work hard to establish a solution that works for all parties involved. Your child’s best interests are the top priority when determining how much time should be spent with each parent.
When determining child custody in New Jersey, the courts distinguish between legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, including education, healthcare, and religious practices. Physical custody, on the other hand, determines where the child will primarily reside.
New Jersey courts generally prefer joint legal custody, meaning both parents share decision-making responsibilities. However, in cases where one parent is deemed unfit or incapable of making sound decisions, the court may award sole legal custody to one parent.
Similarly, physical custody can be joint or sole. In a joint physical custody arrangement, the child spends substantial time with both parents, ensuring meaningful involvement from both. However, when one parent is granted sole physical custody, the child primarily resides with that parent, while the other parent may receive visitation rights or parenting time. The specific arrangement depends on what serves the child’s best interests, which remains the guiding principle in all custody decisions.
New Jersey courts determine child custody based on the best interests of the child, considering several key factors outlined in N.J.S.A. 9:2-4. Judges evaluate the following:
New Jersey law encourages parents to share custody whenever possible, as long as it serves the child’s best interests. However, if there are concerns about a parent’s ability to care for the child safely, the court may impose restrictions or require supervised visitation.
Yes, a child custody agreement can be modified, but only if there has been a significant change in circumstances that affects the child’s well-being. A parent seeking modification must demonstrate that the current arrangement is no longer in the child’s best interests. Common reasons for custody modifications include:
To modify an existing custody order, the requesting parent must file a motion for modification with the court and provide compelling evidence to support their claim. If both parents agree to the changes, they can submit a consent order to the court for approval. If there is a dispute, the court will hold a hearing to determine whether the modification serves the child’s best interests.
If you’re seeking child custody or would like to amend your current custody agreement, the skilled family lawyers here at Leslie Law Firm stand ready to effectively represent you. Contact our legal team today so we can get started working on your case.
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