Child Custody

Child custody involves both the legal and physical responsibility for a child’s care and well-being. The parent with whom the child primarily resides is considered to have primary physical custody. Legal custody refers to each parent's authority to make important decisions regarding their child’s health, education, and financial needs.

In New Jersey, there are three types of child custody:

• Shared Legal and Physical Custody: Both parents equally share decision-making responsibilities and physical custody of the child.
• Joint Legal Custody: The child primarily lives with one parent and spends scheduled visitation time with the other.
• Sole Legal and Physical Custody: The primary custodial parent is fully responsible for making all decisions about the child’s life without input from the other parent.

How Is Child Custody Determined in New Jersey?

Child custody is based on the best interests of the child. The court considers several factors when determining custody, including but not limited to:

• The child’s safety and well-being, history of abuse or neglect, and the child’s emotional and physical needs.
• The parents' ability to provide for the child’s emotional and financial support, as well as the stability of the home environment.
• The child’s relationship with each parent, how well the child bonds with each parent, and maintaining those relationships.
• The child’s preference, depending on the child’s age and maturity.
• Each parent's ability to cooperate, communicate, and work together in making decisions affecting the child.
• The child’s adjustment to home, school, and community and how a custody change might affect the child’s daily life and social environment.
• Quality of the parents' living situation, including stability, safety, and appropriateness of each parent’s home.

Courts aim for custody arrangements that support the child’s emotional, physical, and developmental needs while fostering a meaningful relationship with each parent, if possible.

What Is Parenting Time?

In addition to child custody, parenting time is critical to ensuring both parents maintain a meaningful relationship with their child. Parenting time refers to the scheduled time a non-custodial parent spends with their child, also known as visitation.

In New Jersey, the court strives to create a parenting time plan that allows both parents to be actively involved in their child’s life while maintaining their stability and well-being. Parenting time can be flexible or structured depending on the child's needs and the parents' ability to communicate and cooperate.

Courts generally encourage regular and consistent visitation to strengthen the bond between the child and the non-custodial parent. In cases where one parent has primary physical custody, the non-custodial parent may be awarded parenting time through a set schedule, which can be adjusted based on the circumstances of the case.

What Are Common Child Custody Violations?

When one parent fails to follow the terms of a court-approved custody arrangement that disrupts a child’s routine and affects their emotional well-being, their actions are considered violations of court orders. Some of the most frequent custody violations include:

• Intentionally hiding children.
• Taking children without notice.
• Unscheduled school pickups.
• Refusing the other parent’s visitation.
• Picking up or returning children early or late.
• Alienating children from the other parent.
• Taking children out of town or out of state without permission.
• Making legal decisions without the other parent’s permission.
• Physically or mentally abusing the children.

If blatant custody agreement violations persist, the court may intervene and seek enforcement, as well as impose penalties in some cases.

What Happens if My Co-Parent Refuses to Follow the Custody Orders?

Child custody orders are legally binding, and New Jersey courts take violations seriously. If your co-parent refuses to uphold the custody agreement, you can file a motion with the court to enforce the custody order. If the court finds your co-parent is in violation, they may impose penalties, such as:

• Contempt of Court: The parent could be held in contempt, which may result in fines, additional custody or visitation time for the compliant parent, or jail time in extreme cases.
• Modification of the Custody Order: The court may change the custody arrangement to favor the complying parent, especially if the parent's refusal to follow the agreement is seen as harmful to the child’s well-being.
• Visitation Enforcement: The court may order make-up visitation time for the parent who has been denied their scheduled time with the child.

If one parent repeatedly refuses to follow the custody agreement, it can also impact future custody decisions, as the court may view their actions as an inability to co-parent effectively. Gathering evidence of violations to provide the court can be very beneficial to the judge. Document each instance and include dates, times, frequency, and any conversations you had with the other parent to rectify the situation, including text messages, emails, or in-person conversations.

Can I Relocate with My Children if We Have a Custody Agreement?

Relocating with your children requires court approval, especially if the move significantly impacts the other parent’s time with the children or the existing custody arrangement. If you share joint or primary custody, you generally must obtain consent from the other parent or approval from the court before relocating, particularly if the move is out of state or would substantially change the parenting time schedule.

When considering whether to approve a relocation, courts consider several factors, including:

• Reasons for the Move: Whether the move is in the best interests of the child, such as for a better job opportunity, family support, or educational benefits.
• Impact on the Child's Relationship With Both Parents: How the move would affect the child’s relationship with the non-moving parent and how visitation or custody arrangements could be adjusted.
• The Child’s Well-Being: How the relocation might affect the child’s emotional and developmental needs.
• Parents' Ability to Co-Parent: The parents can effectively communicate and cooperate in the child’s best interests, even with the distance.

How Can a New Jersey Child Custody Lawyer Help?

A New Jersey child custody lawyer can provide invaluable guidance throughout the custody process, helping you understand your legal rights, options, and what courts consider when making decisions. A lawyer can also help you navigate complex legal procedures in divorce, offer strategic advice for negotiating a fair custody agreement, and work to resolve disputes without the need for lengthy litigation.

Whether seeking custody, modifying an existing agreement, or enforcing a court order, the skilled New Jersey child custody lawyers at Sanvenero & Cittadino Attorneys at Law can protect your interests and advocate for a solution that supports your and your child’s best interests.