Edison Child Custody Lawyers

At the heart of child custody laws in New Jersey is the best interests of the children involved. Unless one parent poses a threat or endangers the child’s well-being, children should be able to spend time with both parents. With so many aspects of your child’s future dependent on the outcome of your court proceedings, decisions regarding child custody must be handled professionally and with the child’s best interests in mind. At Arndt, Sutak & Miceli, LLC, our New Jersey child custody lawyers personalize their representation to your needs and the unique aspects of your situation. With our help, you can find a favorable resolution to your child custody dispute.

What Are The Types of Custody?

There are two types of child custody recognized in New Jersey: legal custody and physical custody.

Legal Custody

Legal Custody gives a parent the right to make decisions in regard to the care and safekeeping of the child. These types of decisions can be about the child’s education, medical care, and religion. Joint legal custody is often awarded so that both parents can share in the decision-making process.

Physical Custody

Physical custody, also known as residential custody, is where the child is spending his or her time. Typically, one parent will be designated as the Parent of Primary Residence (“PPR”), while the other is designated as the Parent of Alternate Residence (“PAR”). While the child is with one parent, that parent is responsible for the care of the child and the day-to-day decisions. A schedule needs to be established between the parties regarding parenting time. If the child is going to spend equal time with both parents, the court will award joint physical custody. If the child is going to be in the permanent care of only one parent, then sole custody can be awarded and visitation rights can be given to the other parent.

How Do Courts Determine Child Custody?

There are many possible outcomes for both custody and parenting time. Parents may share joint legal custody, but one parent may be granted primary physical custody if the child lives with that parent more than the other. If there are disagreements about physical or legal custody, a judge in the Family Division of the Superior Court will make those decisions for you based on child custody laws.

However, it is best to first work with an experienced legal team who can help you negotiate a plan. If you and the other parent are having trouble agreeing on a plan for parenting time, our staff would welcome the opportunity to offer creative solutions.

When parents are making custody decisions, they must consider several factors such as:

• The relationship between the parents
• The child’s relationship with the parents
• Any previous instances of domestic violence
• The time that each parent can commit to caring for the child
• The amount of time each parent spends at work
• The ages of the children

In extreme cases, there may be legitimate reasons why one parent should not be involved in the children’s lives. In these situations, you may not want the other parent to have parenting time with your child. Likewise, your spouse may feel you are not capable of caring for your children and wish to wage war against your right to parenting time. No matter what side of this issue you are on, our Middlesex County divorce lawyers can help negotiate a peaceful resolution.

Modifying Child Custody in New Jersey

In New Jersey, child custody arrangements are designed to reflect the best interests of the child at the time they are established. However, life circumstances can change, and the original custody arrangement may no longer be suitable. In such cases, it may be necessary to seek a modification of the existing custody order. Understanding when and how to modify child custody is crucial for ensuring that the child’s needs continue to be met.

Circumstances Warranting Custody Modification

Several situations may warrant a modification of child custody in New Jersey. Common reasons include:

• Significant Change in Circumstances: This can encompass a wide range of changes, such as a parent’s relocation, a substantial change in a parent’s work schedule, or a drastic shift in the child’s needs or health.
• Parental Unfitness: If a parent is found to be unfit due to substance abuse, neglect, or any form of abuse, a modification may be necessary to protect the child.
• Child’s Preference: As children grow older, their preferences regarding living arrangements may change. Courts may consider the wishes of a mature child as a factor in modifying custody.
• Parental Alienation: If one parent is found to be intentionally damaging the child’s relationship with the other parent, this could be grounds for a modification.
• Improvement in Circumstances: A parent who previously had limited custody may seek modification if their circumstances have improved, such as overcoming addiction or achieving financial stability.

The Process of Modifying Child Custody

Modifying a child custody order in New Jersey involves several steps. Those steps are as follows:

1. Filing a Motion: The process begins with filing a motion for modification with the Family Division of the Superior Court in the county where the original order was issued.
2. Demonstrating a Change in Circumstances: The parent requesting the modification must demonstrate that a significant change in circumstances has occurred since the original order was made. Our child custody lawyers can help you gather and present evidence to prove this.
3. Evaluation by the Court: The court will evaluate the new circumstances, focusing on the best interests of the child. This may involve reviewing evidence, hearing testimony, and considering the child’s preferences if they are of sufficient age and maturity.
4. Mediation: In some cases, the court may require mediation to help parents reach an agreement. This is often a less adversarial and more cost-effective method than a court trial.
5. Court Hearing: If mediation fails, a court hearing will be scheduled where both parents can present their cases. The judge will then make a decision based on the evidence and testimony provided.

Contact Our Middlesex County Child Custody Lawyers

As a divorcing parent, we understand that the most important thing to you is preserving the bond you share with your child. Contact the child custody lawyers here at Arndt, Sutak & Miceli, LLC today so we can assess the circumstances of your case, and, from there, build a winning strategy on your behalf.