At Sarno da Costa D’Aniello Maceri Webb LLC, we know that dealing with child custody issues can be one of the most emotionally taxing experiences parents face. Our family law attorneys in New Jersey, led by Angelo Sarno, help you navigate the system and provide tenacious legal representation while keeping your child’s best interests in mind. Whether you’re going through a divorce or need to address custody issues as an unmarried parent, we’re here to guide you every step of the way.
Types of Child Custody in New Jersey
There are several types of child custody in New Jersey, including:
- Legal custody – A parent with legal custody can make important decisions about a child’s life, including education, health care, and religious upbringing.
- Joint legal custody – In many cases, parents are granted joint legal custody and make these important decisions together.
- Sole legal custody – One parent makes all major decisions.
- Physical custody – This type of child custody determines where the child will primarily live.
- Shared or joint physical custody – The children reside with both parents, who usually share equal time.
- Sole physical custody – The children reside with only one parent but have visitation/parenting time with the other.
Whether you’re seeking joint custody or sole custody, our team will develop a legal strategy that supports your goals and your child’s needs.
Factors Courts Consider When Determining Child Custody in New Jersey
When determining custody, the court’s primary concern is the best interests of the child. Factors a judge considers include:
- The parents’ ability to agree and cooperate
- The needs of the child
- The stability of each home environment
- The quality of the parent-child relationship
- History of domestic violence or abuse
- The child’s preference if they are mature enough
- Work responsibilities and schedules of each parent
Each child custody case is unique. Our child custody attorneys can evaluate your family’s circumstances and help you build a strong case.
Child Custody Modification in New Jersey
We know that circumstances in life change, and sometimes child custody arrangements must be modified. Either parent can request a child custody modification in New Jersey by proving a substantial change in circumstances, such as:
- Parent relocation
- Changes in the child’s needs
- One parent failing to comply with the current order
- Evidence of neglect, endangerment, or abuse
Our family law attorneys can help you gather evidence and assist you with filing a motion for child custody modification. If you need assistance with child support modification, we can help you with that as well.
Relocation
When a custodial parent wants to move out of state with a child, it must be approved by the court. After the landmark Bisbing v. Bisbing decision by the New Jersey Supreme Court in 2017, all relocation requests are now evaluated using the same best interest analysis applied in custody disputes.
Judges also consider the purpose of moving, the impact on the non-custodial parent’s relationship with the child, and the feasibility of maintaining a parenting time schedule. If you’re considering a move or are concerned about your co-parent moving with your child to another state, our child custody attorneys can gather evidence and create compelling arguments that support your position and demonstrate how it benefits your children’s interests.
Child Custody Enforcement in New Jersey
Unfortunately, some parents fail to follow the terms outlined in a child custody order. If your co-parent isn’t returning your child as scheduled, refuses visits, or violates a custody order in other ways, our family law attorneys can help you take swift legal action. Some remedies for addressing child custody issues include fines, makeup parenting time, or even modification of a custody order.
Unmarried Parents and Custody
Unmarried parents have the same rights as married parents in New Jersey regarding custody. However, a biological father must establish paternity before he can seek custody or parenting time. We can guide you through the paternity testing process and other legal steps required to assert your rights and protect your child’s best interests.
Contact Child Custody Lawyers Near You in New Jersey
Child custody disputes can be stressful, but you don’t have to handle them alone. Our family law attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help you navigate these challenging matters with compassion and tenacious legal representation. To learn more, contact us or call 973-274-5200 to schedule a consultation with a child custody attorney in New Jersey. We offer several locations near you for your convenience, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Child Custody
What’s the difference between legal and physical custody?
Legal custody gives a parent the right to make major decisions for the child, while physical custody determines where the child lives. Parents may share both types, or one parent may have sole custody.
Can my child choose who they want to live with?
If a child is mature enough to express a preference, the court may consider it along with other factors when determining custody.
Do mothers always get custody of their children?
No. Both parents are considered equal when it comes to resolving custody issues, regardless of gender.
What if my co-parent refuses to follow a custody order?
If a parent violates a custody order, our family law attorneys can help you file a motion for enforcement. The court may penalize the violating parent and adjust the custody arrangement as needed.
Why do I need a lawyer for my child custody case?
Having an experienced child custody lawyer by your side significantly improves your chances of achieving a favorable outcome. Child custody cases are often contentious and emotionally charged. Having a family law attorney protect your rights and your child’s best interests can give you peace of mind and reduce stress.
Why choose our New Jersey child custody attorneys?
Our family law attorneys understand how emotionally charged and challenging custody battles can be. We offer tenacious, compassionate legal representation and aggressive advocacy. No two families or circumstances are the same – we tailor our legal strategies to your situation and work toward the best possible outcome for your case.
Angelo and other members of our team are certified by the Supreme Court of New Jersey as matrimonial law attorneys. Our law firm was selected by peers for inclusion in Best Lawyers® in the fields of Family Law, Family Law Mediation, Mediation, and Arbitration – Plaintiffs.
Our caring team is dedicated to protecting the best interests of children while safeguarding parents’ rights as well. We’re committed to helping families in New Jersey reach fair, sustainable custody arrangements that work for everyone involved. Whether it’s through negotiation, mediation or arbitration, or courtroom litigation, we handle your case with skill, compassion, and strength.
