Red Bank Child Custody Lawyers

Child custody matters can be some of family law's most challenging and emotionally charged aspects. At Sanvenero & Cittadino Attorneys at Law, we are committed to guiding families in Red Bank through these complex legal processes with compassion and skill. Our team works diligently to secure arrangements, prioritizing the child's best interests while upholding each parent's rights. This page provides insight into New Jersey child custody laws and the ways in which our attorneys can assist you in securing a fair and beneficial arrangement for your family.

What Are the Different Types of Child Custody in New Jersey?

In New Jersey, child custody is divided into two primary types: legal custody and physical custody.

• Legal Custody: This refers to the right to make important decisions regarding your child’s upbringing. These decisions typically include matters related to education, healthcare, religion, and extracurricular activities. Legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody).
• Physical Custody: This involves where the child lives on a day-to-day basis. One parent may have primary physical custody, meaning the child lives with that parent most of the time, while the other parent may have visitation or parenting time. In some cases, both parents share physical custody equally, though this depends on what the court determines is best for the child.

Legal and physical custody can be sole or joint, and courts may award different types of custody for different aspects of the child’s life.

How Does the Court Determine Custody in New Jersey?

When a custody dispute arises, New Jersey courts make decisions based on the child’s best interests rather than favoring one parent over the other. Several factors influence the court’s decision, including:

• The relationship between the child and each parent: Courts consider how each parent has interacted with the child and demonstrated their ability to care for the child’s physical and emotional needs.
• Each parent’s ability to provide a stable and supportive environment: The court will consider each parent's stability, including work schedules, the home environment, and the ability to meet the child’s emotional and physical needs.
• The child’s preferences: If the child is old enough and mature enough to express a preference, the court may consider this when making a custody determination.
• The mental and physical health of both parents: The court will assess whether either parent has physical or mental health conditions that may affect their ability to care for the child.
• Each parent’s willingness to cooperate: The court favors parents who are willing to collaborate and communicate effectively for the sake of their child, especially when it comes to making important decisions.
• The child’s safety and well-being: If there are concerns about abuse, neglect, or other safety issues, the court may order supervised visitation or deny custody to a parent.

It is important to note that New Jersey courts generally favor shared parenting time when it is possible, as they believe that children benefit from maintaining strong relationships with both parents.

How Do Joint and Sole Custody Differ?

• Joint Custody: In joint custody arrangements, both parents share the decision-making responsibilities for their child’s upbringing. This means that both parents are involved in making decisions about education, healthcare, religion, and other significant aspects of the child's life. While joint custody does not always mean equal physical custody, both parents are expected to be involved in the child’s daily life and share responsibilities.
• Sole Custody: Sole custody is granted when one parent is awarded both legal and physical custody of the child. This means that the parent with sole custody has the exclusive authority to make major decisions about the child’s life, and the child primarily resides with that parent. The non-custodial parent typically has visitation rights but does not participate in the decision-making of the child’s upbringing.

New Jersey courts lean toward joint custody arrangements whenever possible, as they believe it is in the child’s best interest to have both parents involved. However, in certain circumstances, such as when there are concerns about abuse or neglect, sole custody may be awarded to one parent.

How Do Parenting Time and Visitation Work?

In many child custody cases, one parent is awarded primary physical custody while the other is given parenting time or visitation. Parenting time refers to the time a parent spends with the child and is designed to allow the non-custodial parent to maintain a relationship with their child.

The court often sets up a visitation schedule that includes regular time for the non-custodial parent, including weekends, holidays, and vacations. If the parents cannot agree on a schedule, the court may intervene and create a visitation plan based on the child’s best interests.

Supervised visitation may be required in certain situations if there are concerns regarding the child’s safety with one parent. Supervised visitation means a third party must be present during visits to ensure the child’s well-being.

What Happens If I Need to Modify a Custody or Visitation Agreement?

Custody and visitation orders are not always permanent. If there is a significant change in circumstances, either parent can request a modification of the custody arrangement. Some common situations that may justify a modification include:

• A parent’s relocation or change in employment that affects their ability to care for the child.
• Changes in the child’s needs, such as a medical condition or educational needs, that require a change in the custody arrangement.
• Concerns for the child’s safety due to allegations of abuse, neglect, or a parent’s substance abuse issues.
• The child’s preference, if they are old enough and mature enough to make such a decision.

If you feel that your current custody arrangement is no longer in your child’s best interest, it is crucial to consult with an attorney to assess your options.

How Long Will My Child Custody Case Take to Resolve?

The duration of a child custody case can vary depending on the complexity of the situation. If both parents agree on the custody arrangement, the process may be relatively quick, taking a few weeks to a couple of months. However, if there is a dispute, the case may take longer as the court may need to conduct hearings, consider expert evaluations, or even schedule mediation.

Custody cases that go to trial may take several months to resolve, as the court will need to consider the arguments and evidence presented by both sides.

Why Should I Hire an Attorney for My Child Custody Case?

Child custody cases involve intricate legal matters, and having an experienced attorney can significantly improve the outcome of your case. A lawyer can:

• Provide legal counsel on what to expect throughout the process and explain the factors the court will consider when making a decision.
• Help you negotiate a fair and balanced custody arrangement, avoiding a lengthy court battle.
• Represent you in court if a resolution cannot be reached through negotiation.
• Ensure your parental rights are upheld and protect the best interests of your child.

An attorney can help you understand your options and advocate for a solution that is in your child’s best interest.