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Child Custody

Middlesex County Child Custody Lawyer

Bringing Clarity to the Complexities of Child Custody in New Jersey

Child custody matters can be legally complex and emotionally charged. When the well-being of your children is at stake, having an experienced attorney by your side can make all the difference. 

At Rozin | Golinder Law, our Middlesex County child custody attorneys help parents navigate custody disputes, parenting time arrangements, and post-judgment modifications. We strive to protect your parental rights while prioritizing the best interests of your child.

Call or contact us online to schedule a confidential consultation. We serve clients throughout Central New Jersey.

Overview of Child Custody in New Jersey

Child custody can feel overwhelming, particularly when every decision has the potential to shape your child’s future. Before moving forward with any legal action, it’s crucial to understand the basic terms, the factors courts look at, and how different custody arrangements might work for you. 

Legal vs. Physical Custody

  • Legal Custody: In New Jersey, legal custody governs who makes significant decisions in a child’s life, such as those involving education, health care, and religious upbringing. When legal custody is joint, both parents share this decision-making responsibility. If it’s sole, one parent has the final say, though the other may still offer input. Sole legal custody is extremely difficult to obtain in New Jersey.
  • Physical Custody: Physical custody determines the child’s primary residence and daily caregiving. Joint physical custody means the child spends substantial time with each parent, while primary physical custody or the Parent of Primary Residence (as we call it in NJ) places the child primarily with one parent and may grant the other specific visitation rights.

Factors NJ Courts Consider in Custody Cases

New Jersey courts rely on the “best interests of the child” standard, taking into account:

  • Each parent’s ability to provide a stable home environment
  • The child’s educational, emotional, and medical needs
  • Any history of domestic violence or substance abuse
  • Each parent’s level of involvement in the child’s life
  • The child’s own preference (if mature enough to express one)

These factors help courts ensure that custody arrangements not only preserve the child’s safety but also foster a healthy, supportive upbringing.

Differences Between Custody Arrangements

Because every family’s dynamics are unique, no single custody plan fits all. 

  • Some parents choose a co-parenting approach, collaborating closely on everyday responsibilities and remaining flexible with scheduling. 
  • Others benefit from a shared custody setup, dividing parenting time more evenly but maintaining distinct household routines. 
  • In some situations, one parent may take on the role of primary custodian, with the other receiving structured visitation.

Regardless of the model, the overarching goal is to create consistency and stability in the child’s life. By discussing your family’s circumstances in depth, we can help identify which arrangement aligns best with your child’s needs and each parent’s capacity to provide a nurturing environment.

Visitation & Parenting Time

In New Jersey, “parenting time” (often referred to as visitation) is the schedule that outlines when children spend time with the non-custodial parent—or in certain joint arrangements, how time is shared between parents. Courts generally encourage plans that allow both parents to maintain strong, meaningful bonds with their children.

When setting these schedules, Judges consider factors such as:

  • Each parent’s work commitments;
  • The location of the parents; 
  • The child’s school calendar; and
  • Any special medical or emotional needs the child may have.

The ultimate goal is to preserve stability in the child’s day-to-day routine while respecting each parent’s rights. Parents who can reach an agreement on their own, or through mediation, often find that mutual cooperation leads to smoother transitions and less stress for everyone involved.

Modifications to Parenting Plans

Even the most well-designed parenting plan may need to be updated over time. Job changes, a child’s evolving schedule, or shifts in living arrangements can necessitate revisions. If you experience significant changes in circumstances—such as relocation or concerns about a child’s safety or development—you can petition the court to modify the existing plan.

Our firm can help you file the necessary paperwork, present evidence, and advocate for a revised schedule that continues to serve your child’s best interests.

Child Support & Custody

In New Jersey, child support is calculated using the New Jersey Child Support Guidelines, which consider factors like both parents’ incomes, the number of children, and healthcare and childcare expenses. While custody status influences this calculation, the Guidelines aim to ensure the child’s financial needs are met regardless of which parent has physical custody.

Child support obligations are designed to maintain the child’s standard of living. Even if parents share physical custody, one parent may pay support depending on the income disparity. Parents must keep each other and the court informed of any significant changes in income or employment that could alter support obligations.

Modifying Custody Orders in Middlesex County

To modify an existing custody order, the requesting parent must demonstrate a substantial change in circumstances. This might include a new job that significantly alters the parent’s availability, a change in the child’s healthcare needs, or other material shifts in the living situation.

Common reasons for custody modifications include:

  • Relocation: One parent plans to move out of state or far enough within New Jersey to disrupt the current schedule.
  • Safety Concerns: Issues like substance abuse, domestic violence, or mental health challenges can necessitate a reevaluation of custody.
  • Parental Job Changes: A change in working hours or job loss might require adjusting parenting time to maintain consistency for the child.

Relocation & Out-of-State Custody Issues

Under New Jersey law, if a custodial parent wishes to relocate out of state or a significant distance within the state, they often need either the other parent’s consent or the court’s approval. Courts will assess how the move may affect the child’s relationship with the other parent, as well as factors like educational opportunities and the child’s overall welfare.

If the non-moving parent does not agree to the relocation, the custodial parent must file a motion with the court. In reviewing the request, the court will weigh the benefits of the move against the potential negative impact on the child’s relationship with the remaining parent. Our attorneys can help you prepare the necessary documentation and present a compelling case to the court.

Contact Our Middlesex County Child Custody Attorneys

Whether you need to establish a parenting plan, modify an existing order, or navigate a complex out-of-state relocation, Rozin | Golinder Law can help. Our experienced child custody attorneys in Middlesex County will advocate for your parental rights and your child’s well-being every step of the way.

Call or fill out our online contact form to schedule a private consultation.

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at today!

  • Do I Have To Go to Court for a Custody Agreement, or Can It Be Settled Outside of Court?

    Many custody arrangements are reached through private negotiation or mediation. If both parents can agree on a plan that serves the child’s best interests, the court will typically approve it without requiring a formal hearing.

  • Can My Child Choose Which Parent They Want To Live With?

    While a child’s preference may be considered, it is just one of many factors the court examines. The court also evaluates the child’s age, maturity, and reasons for preferring one parent over the other. Ultimately, the judge’s decision hinges on the child’s best interests.

  • How Does Domestic Violence Impact Child Custody Decisions?

    Domestic violence is taken very seriously by New Jersey courts. Verified allegations of abuse can restrict or even terminate a parent’s custody or visitation rights, depending on the severity of the situation. The court’s primary goal is to ensure the child’s safety.

  • What Should I Do If I Suspect My Co-Parent Is Neglecting or Abusing Our Child?

    If you believe your child is in immediate danger, contact the authorities and seek legal help. You can request an emergency hearing to address the safety issues. Our Middlesex County attorneys can guide you through gathering evidence, filing restraining orders, and pursuing any necessary modifications to your existing custody plan.

  • How Does Shared Custody Affect Taxes and Claiming Dependents?

    Generally, only one parent may claim the child as a dependent for tax purposes in a given year. If you share custody, you may alternate years or work out an arrangement in your parenting plan. It’s best to consult a tax professional for personalized guidance on your situation.

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Working With Our Firm

Reasons Why Clients Refer Us To Their Friends & Family
  • We provide zealous advocacy throughout your entire matter and will always be upfront and honest with you.
  • We do not believe in a “one size fits all” approach and offer personalized legal strategies for each client.
  • Mediation services are available with our Certified Mediator who has over 25 years of family law experience.
  • Our practice is exclusively dedicated to Divorce & Family Law matters with nearly 95 years of combined experience.

Hear From Our Happy Clients

At Rozin | Golinder Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Highly Recommend"
    I highly recommend and will work with Rozin-Golinder Law again. Thank you so much Francesca for your all your hard work and professionalism.
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    With the expertise and hard work of Elizabeth Rozin-Golinder, and Alyssa Bartholomew, Rozin-Golinder Law was able to successfully file a motion resulting in a court order granting everything we were requesting.
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