New Jersey Child Custody Attorney

Handling Divorce Cases Throughout New Jersey

Determining the custody of the children of the marriage is often the most difficult part of a divorce and requires great sensitivity and delicacy. These disputes can be complicated and difficult to sort through and you will need the trusted guidance of a New Jersey divorce lawyer. As background, there are some basic legal concepts that are applied in every case.

One of the most important distinctions in child custody matters is between legal custody and physical custody. Legal custody refers to a parent of divorce having the right and responsibility to make the important decisions regarding their child's health, education and general welfare, and to access the important information in these areas. Joint custody involves the right for both parents to make and participate in these important decisions, and to have equal access to the child's important records and information. Sole legal custody involves only one parent having these rights.

Physical custody involves the day to day care of the child where the child resides, and this is usually the issue in disputed custody cases. In most cases, there will be one primary parent (which is the parent who the child resides with a majority of the time) and a secondary/alternate parent (the parent that does not primarily reside with the child). Between the two parents, there is a parenting time schedule. This parenting time schedule can be many different arrangements. It can be an equal amount of time between the parents in varying schedules. It can be a shared schedule, but not necessarily equal time. Sometimes, it is alternating weekends and evening period during the week. There are some cases where the parents seek to have joint physical custody, and there is no designation of a primary parent.

In making a determination of legal or physical custody, a Court in New Jersey shall consider, but not be limited to, the factors established under the law, which is found at N.J.S.A. 9:2-4. These factors include but is not limited the parents' ability to agree, communicate and cooperate in matters related to the child, the parent's willingness to accept custody and any history of unwillingness to allow parenting time not based on substantial abuse, the interaction and relationship with the child with parents and siblings, the history of domestic violence, if any, the safety of the child and the safety either parent from physical abuse by the other parent, the preference of the child when of sufficient age of capacity to reason so as to form an intelligent decision, the needs of the child, the stability of the home environment, the quality and continuity of the child's education, the fitness of the parents, the geographical proximity of the parent's home, the extent in quality of the time spent with the child prior to or subsequent to the separation, the parent's employment responsibility, and the age and number of the children. The Courts have an affirmative duty to facilitate the best interest of the child by attaining for the child the love and affection of both parents rather than one.

In most contested custody disputes, the Court will obtain the assistance of mental health professionals to perform custody evaluations and make recommendations to the Court as to what kind of custody arrangement would be in the best interest of the child.

Contact a New Jersey Divorce Attorney

We at the Law Offices of Steven P. Monaghan understand the sensitivity of child custody matters. Our compassionate and committed team can work closely with you to ensure that your needs and met as well as the needs of your child. Our experience in these matters can put you at a distinct advantage, as we can pursue all options and legal avenues available to you.

For dedicated legal counsel, contact a New Jersey divorce lawyer today.