East Brunswick Child Custody Lawyer

Working for the Best Interests of Your Children

Ultimately, the best interest of the child is what the court will pursue when determining custody. There can be very specific issues that arise in child custody cases such as children with special needs, moving out of state, and the alienation of a parent.

Our Middlesex County child custody lawyers can help you navigate the process and work towards the best solution for your child. A custody and visitation plan can always be negotiated during the divorce process; however, when the parties cannot agree, the Court will appoint a neutral third party to conduct a custody evaluation to help the Judge make a decision regarding what is best for the children.

Type of Child Custody in NJ: Legal & Physical

In New Jersey, the parent that has physical custody is called the Parent of Primary Residence, meaning the child resides with that parent. This is not to say that parties cannot have a joint physical custody arrangement. Legal Custody dictates making decisions regarding the child, for example medical or educational decisions. Often parties share joint legal custody of the children so that both can be involved in major decision making.

In addition to custody, we will formulate a parenting schedule which will include holiday and vacation time so that both parties are able spend quality regularly scheduled time with the children. Our firm can always tailor a custom custody arrangement that will suit your family’s needs.

Always remember that custody and parenting is subject to modification based on a change of circumstances. Just know that it is usually difficult to increase parenting time once you agree on a schedule so make sure you enter into an agreement with great care and with the guidance of a caring attorney.

How Is Custody Decided in NJ?

There are many factors that are used to appropriately evaluate what would be in the child’s best interests. Although the courts will take into account the child’s personal preferences and wishes for their living arrangement, they must also evaluate the factors that will allow the child to live healthily and happily.

These factors will include:

• Whether or not the child has siblings
• How the child relates to his/her parents or siblings
• What type of home environment the child is accustomed to
• How each parent plans to financially support the child
• The location where the child will be living and attending school

The courts will also evaluate how parents are able to communicate with each other as far as how they plan to raise the child, in situations where parents might be seeking joint custody. Another important factor that will be evaluated is whether or not there is evidence of abuse or domestic violence. The courts will closely scrutinize a parent who has had a history of this in the past. This can affect that parent’s ability to gain some form of custody. A judge may even order supervised visits in such cases.

What Constitutes An Unfit Parent in NJ?

The legal definition of an “unfit parent” in New Jersey is a parent or caretaker who is unable to provide a safe, secure, nurturing home for their child. The potential grounds to file a parent as "unfit" include:

• A history of mental illness that impairs the parent's ability to carry our the role of a parent
• A history of dangerous actions which may include behavior such as domestic violence
• Problems with substance or alcohol abuse
• Previous occurrences of child neglect or endangerment

Is New Jersey a 50/50 Custody State?

No, state law prohibits 50/50 splits based on financial arrangements or custody. New Jersey permits joint legal custody, but physical residency custody is determined by mutual agreement and a court order.

is a hand written custody agreement legal

In New Jersey, handwritten custody agreements can be considered legally valid under certain conditions, but it's important to understand the context and requirements surrounding such agreements. New Jersey family law acknowledges the importance of formal custody arrangements in the best interests of the child. While a handwritten agreement might express the intentions of the parties involved, it's advisable to seek legal guidance to ensure that the document adheres to the state's legal requirements and provides clear and enforceable terms.

For a handwritten custody agreement to be considered legally binding in New Jersey, it typically needs to meet specific criteria:

• Clear Intent: The agreement should clearly outline the custody and visitation arrangements, detailing how decisions regarding the child's upbringing will be made.
• Signatures and Notarization: All parties involved should sign the agreement. While notarization isn't strictly required, it can add an extra layer of authenticity.
• Best Interests of the Child: The agreement must demonstrate that the proposed custody arrangement is in the child's best interests, promoting their physical, emotional, and psychological well-being.
• Full Disclosure: Both parties should have a complete understanding of the terms and implications of the agreement. Any material information relevant to the custody arrangement should be disclosed.
• Revocable Nature: It's important to note that custody agreements, whether handwritten or formalized through the court, can be modified if circumstances change or if the arrangement is no longer in the child's best interests.

While a handwritten custody agreement can serve as a starting point for establishing custody arrangements, it's recommended to consult with a qualified family law attorney in New Jersey to ensure that the agreement is legally sound, accurately reflects the parties' intentions, and safeguards the well-being of the child.

For Accomplished Legal Help with Child Custody Cases, Call Our Firm!

Not seeing your children every day is difficult. Rozin | Golinder Law can provide you with effective legal representation to help resolve many legal issues that surround child custody and visitation cases. Whether you need to modify your current arrangement or are setting up your first arrangement, we can help you. We understand that your children are the most important part of your family and we want to help you pursue the best situation for them especially if there have been incidents of domestic violence, alcohol, or drug abuse. Our firm proudly serves Monmouth, Middlesex, Somerset, and Union counties.

Set up your free consultation of your case with our East Brunswick divorce lawyers by contacting us at (732) 810-0034.