Newark Child Custody Attorney
Child Custody Lawyers Serving Newark, Morristown, and New York
Nothing is more important to a parent than ensuring the welfare of his or her children and retaining a meaningful relationship with them after a divorce. This is particularly true for the parent who will no longer be residing with the children. In that circumstance, it is critical to obtain parenting time rights that will allow the non-custodial parent to actively parent the child despite a legal change in marital status.
At Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law, our Newark child custody attorneys can provide sound legal counsel regarding any of the following issues related to you, your children and your divorce or separation from the children's other parent:
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Joint or sole legal custody
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Joint or sole residential custody
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Visitation
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50/50 shared parenting
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Parenting time
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Grandparent visitation
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Post-divorce custody modifications
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Increases or decreases in parenting time
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Out-of-state removal of minor children by the custodial parent
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International removal of minor children/Hague convention
Contact Ehrlich, Petriello, Gudin, Plaza & Reed P.C. during a consultation to discuss the legal and practical issues you and your children face as you prepare for divorce. Call now - (973) 828-0203
Understanding Child Custody Laws in New Jersey
When it comes to child custody matters, it's important to have a clear understanding of the laws and regulations in New Jersey. Our team of experienced Essex County child custody attorneys can provide you with the guidance and support you need to navigate the complexities of child custody cases in the state.
Key aspects of child custody laws in New Jersey include:
- Types of custody arrangements, such as joint custody, sole custody, and shared custody
- Factors considered by the court when determining custody, including the child's best interests
- Parenting time schedules and visitation rights
- Modification of custody orders
- Enforcement of custody orders
By working with our child custody lawyers, you can ensure that your rights as a parent are protected and that the best interests of your child are prioritized throughout the legal process.
Types of Child Custody
Child custody refers to the legal arrangements regarding the care and control of a child following the separation of their parents. It encompasses two main components: legal custody and physical custody.
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Legal Custody: This grants a parent the right to make significant decisions about the child's upbringing, including education, healthcare, and religious training. Legal custody can be awarded to one parent (sole legal custody) or shared between both parents (joint legal custody).
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Physical Custody: This pertains to where the child lives. Similar to legal custody, physical custody can be sole or joint. In a sole physical custody arrangement, the child resides primarily with one parent, while the other parent typically has visitation rights. In joint physical custody, the child spends significant time living with both parents.
Factors Influencing Custody Decisions
When determining child custody arrangements, courts prioritize the best interests of the child. Several factors can influence custody decisions, including:
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The specific needs of the child, including age, health, and developmental requirements.
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The existing relationship between the child and each parent, including emotional bonds and the ability to provide a stable environment.
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The stability of each parent's living situation, including their ability to provide a safe and secure home.
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Any history of domestic violence, substance abuse, or neglect.
Our Newark child custody lawyer are here to help you understand your rights and options. Our firm's expertise not only increases the likelihood of a favorable outcome but also provides peace of mind during a challenging time.
Seeking guidance on child custody matters? Connect with a trusted Newark child custody attorney for a free legal consultation. Call us at (973) 828-0203 or contact us online to take the first step toward securing your child’s future.
Establishing a Custody Arrangement
The child custody process in New Jersey begins when one parent files a complaint or motion for custody with the family court. This filing outlines the requesting parent’s desired custody arrangement and the reasons for their request. The other parent is then served with this complaint and has the opportunity to respond.
The court may require both parents to provide information about their living situations, work schedules, and any other relevant factors that could impact the child’s well-being. This initial step sets the stage for determining how custody will be structured moving forward.
The court often encourages or mandates mediation as a way for parents to reach an agreement outside of court. If the parents can reach an agreement, they can submit it to the court for approval. If mediation is unsuccessful, the case will proceed to a hearing, where both parents can present evidence and testimony to support their positions regarding custody.
During the court hearing, the judge will evaluate various factors to determine what arrangement serves the best interests of the child. After considering all relevant information, the judge will issue a custody order detailing the arrangement for legal and physical custody, as well as any visitation rights.
This order is legally binding, and any future modifications will require a formal process to ensure that the child's best interests remain the priority.
Modifying Custody Arrangements
Life circumstances can change after a custody order is established, necessitating modifications. Common reasons for seeking a change include:
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Relocation: If a parent plans to move to a new location, this may impact the current custody arrangement and visitation schedules.
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Change in Needs: As children grow, their needs can change, which may warrant a reassessment of custody arrangements to ensure the best fit for their development.
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Parental Circumstances: Changes in a parent's job, health, or lifestyle can affect their ability to fulfill custody obligations, leading to potential modifications.
To modify an existing custody order, the requesting parent must file a motion with the court, providing evidence to support the need for the change.
New Jersey Child Protection and Permanency (DCCP) Matters
Allegations of parental misconduct in the context of a divorce or custody dispute may result in DCCP accusing one or more parents with abuse or neglect. Depending upon the seriousness of the allegations, DCCP involvement can range from a recommendation of family services, such as counseling, to a removal of the children from the home.
DYFS actions are governed by complex statutes and case law that is unfamiliar to most parents who find themselves suddenly accused of abuse or neglect of their children. Additionally, a judicial finding of abuse or neglect carries serious consequences that may impact your custody and parenting rights and even prohibit certain employment.
At Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law, our attorneys have the necessary experience to protect you and your family from an unwarranted intrusion from DYFS and to effectively defend against improper allegations of abuse or neglect.
Support on Common Concerns on Child Custody Matters
Our Newark child custody attorney can provide invaluable support through every stage of the process.
The details will vary depending on your circumstances, but if you are like most people, at the end of the day your concerns are quite normal:
- You want to have meaningful contact with your children whether you live with them or live elsewhere.
- You want to have a say in guiding, protecting and nurturing your children.
- You want to preserve family ties, including keeping your children in contact with their grandparents, aunts, uncles and cousins.
- If one parent struggles with the challenges of a drug or alcohol problem, mental illness or other similar problem, supervised parenting time may provide a workable solution.
Contact Child Custody Lawyers Today
With a deep understanding of family law and a commitment to advocating for your rights, our attorneys are prepared to navigate the complexities of child custody cases.
If you are facing child custody challenges or need assistance in establishing, modifying, or enforcing a custody arrangement, connect with a knowledgeable Newark child custody attorney today.
Discuss your child custody concerns with an experienced Newark divorce attorney at Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law. Schedule a consultation calling at (973) 828-0203.
