Child Custody Attorney in Freehold and East Brunswick

Child Custody Modifications

After a divorce, it may become necessary to modify a child custody arrangement. Life changes, new circumstances, or evolving needs of the child can make a modification essential.

• How to Modify Custody: To modify a custody arrangement, you need to petition the court. The process involves filing a motion for modification and demonstrating that there has been a significant change in circumstances since the original order.
• Legal Requirements: The court must be convinced that the modification is in the child’s best interest. This can include changes in the child’s health, parental situations, or living conditions.
• When a Modification is Justified:
  • Relocation: If one parent wants to move far away, it may impact the child’s living arrangements.
  • Changes in the Child’s Needs: As children grow, their needs (physical, emotional, or educational) change, which might require a new custody plan.
  • Parental Circumstances: If there are changes in a parent’s ability to care for the child (such as a job change, illness, or substance abuse), the court may reconsider custody.

Visitation Rights

Visitation allows the non-custodial parent to spend time with the child. Understanding the different types and how to enforce these rights is important for both parents.

• Types of Visitation:
  • Supervised: Visitation may be supervised if there are concerns about the child’s safety.
  • Unsupervised: Most parents have the right to unsupervised visitation unless the court determines otherwise.
  • Holiday Visitation: Parents often have set schedules for holidays and special events.
• Enforcement: If one parent denies the other parent their visitation rights, the other parent can return to court to enforce the order.
• What to Do If Visitation is Denied: If the other parent is violating the visitation agreement, you can file a contempt motion in court to seek enforcement or a modification of the order.

Relocation and Custody

Relocation can create complications in a custody arrangement, especially if it affects the child's relationship with the non-relocating parent.

• Laws for Relocation: If one parent wants to move, they may need the permission of the other parent or the court. The move must not negatively impact the child’s relationship with both parents.
• Court Considerations: The court will evaluate factors such as the reason for the move, the distance, and how the relocation affects the child’s well-being and relationship with both parents.
• Impact on Custody: Relocation can lead to a modification in the custody arrangement. The court may decide on a new visitation schedule or custody split that accommodates the move.

Frequently Asked Questions (FAQs) about Child Custody in New Jersey

• What factors does the court consider when determining custody?
  The court primarily considers what is in the best interest of the child. This includes factors such as the child’s age, physical and emotional needs, relationship with each parent, and the ability of each parent to provide for the child’s well-being. The court also evaluates the child's preference (depending on their age), parental cooperation, and any history of abuse or neglect.
• Can I get full custody of my child?
  Full custody, or sole custody, can be awarded, but only if the court determines that it is in the best interest of the child. Courts typically prefer joint custody arrangements that allow both parents to remain involved in the child’s life unless there is a reason, such as abuse or neglect, that would make joint custody unfeasible.
• What is the difference between legal custody and physical custody?
  • Legal custody refers to the right to make important decisions about the child’s education, healthcare, and general welfare.
  • Physical custody refers to where the child will primarily live and who will be responsible for day-to-day care.
• How does the court decide custody when parents live in different states?
  If parents live in different states, the court will look at the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps determine which state has jurisdiction over the custody case. Typically, the state where the child has lived for the past six months will have jurisdiction, though the court will also consider the child’s best interest and the parents' situation.
• Do I need a lawyer for my child custody case?
  While it is not legally required to have an attorney for a child custody case, it is highly recommended. A qualified lawyer can help you navigate the complex legal system, represent your interests in court, and ensure that your child’s best interests are protected.
• Can a child choose which parent to live with?
  In New Jersey, children over the age of 12 may be able to express their preferences regarding custody, but the court is not bound by their choice. The judge will consider the child’s wishes along with other factors, such as the child’s relationship with both parents, before making a final decision.
• What is a parenting plan, and do I need one?
  A parenting plan is a detailed agreement between parents that outlines how they will share custody and make decisions for their child. While not mandatory, having a clear and detailed parenting plan can help prevent disputes and provide a structured framework for raising your child post-divorce.

Seek Help from a Qualified Family Lawyer in Freehold and East Brunswick

If you are involved in a child custody or visitation matter, you should have an experienced and caring family lawyer handling your case. I can represent you in the matter before the court, advancing your case and advocating on your behalf.

I understand the stress and anxiety that can be part of any child custody situation and will work diligently to help smooth the way for you and your children. I represent clients in divorce and post-divorce cases where custody and visitation is in dispute.