Understanding Child Custody in New Jersey
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Navigating the complexities of child custody can be challenging and emotionally taxing. At The Micklin Family Law Group, LLC, we are dedicated to helping you secure or maintain custody of your children. Our experienced child custody attorneys in NJ provide comprehensive support, whether you are seeking to establish custody, modify existing arrangements, or enforce visitation rights and support payments. We understand the unique challenges involved and are committed to achieving the best possible outcome for your family, ensuring that your child’s best interests are always prioritized in every legal decision.
Factors Affecting Child Custody Rulings
In New Jersey, the primary consideration in determining child custody is the best interest of the child. This standard encompasses various factors that judges weigh to make an informed decision. Understanding these factors can provide clarity and help you prepare for custody proceedings.
The Emotional and Physical Environment
The stability and quality of the home environment are critical. Courts look at the emotional atmosphere, ensuring that the child feels safe, supported, and loved. They also assess the physical environment, including the cleanliness, space, and safety of the home. A nurturing environment is essential for the child’s overall well-being.
The Personal Safety of the Child
The court prioritizes the child’s safety above all else. This includes considering any potential dangers in the home or from individuals the child may come into contact with. A history of violence or criminal activity in or around the home can significantly impact custody decisions.
The Moral Atmosphere of the Home
The values and ethical standards upheld in the home are also considered. Courts may evaluate the behavior and lifestyle of each parent to determine if the environment is conducive to the child’s moral development. This includes assessing any exposure to harmful behaviors or substances.
The Mental and Physical Health of the Parents
Both the mental and physical health of each parent play a crucial role in custody decisions. A parent’s ability to manage their health issues and how these issues may affect their capacity to care for the child are examined. Stable mental and physical health can be a decisive factor in awarding custody.
The Age of the Children
The age of the children involved is taken into account, with different considerations for younger versus older children. Younger children may require more stability and routine, while older children’s preferences and need for autonomy are given more weight.
The Children’s Preference
If the children are of sufficient age and maturity, their preferences may be considered. While the child’s choice is not the sole factor, it can influence the court’s decision, especially if the child articulates clear and reasonable reasons for their preference.
The Prior Behavior of the Parents, Including Any History of Abuse
A parent’s past behavior, including any history of abuse or neglect, is scrutinized. Courts aim to protect the child from potential harm, so a history of abusive behavior can severely impact a parent’s custody rights. Even non-abusive negative behaviors, like substance abuse or neglect, are critical considerations.
The Ability of Each Parent to Care for the Child
The practical ability of each parent to meet the child’s daily needs is vital. This includes providing food, clothing, medical care, education, and emotional support. Courts look at the parent’s work schedule, living situation, and overall ability to provide a stable, caring environment.
The Importance of Religion in the Family
For families where religion plays a significant role, the ability of each parent to continue the child’s religious upbringing can be a factor. Courts may consider which parent is more likely to maintain religious practices and ensure the child’s spiritual development, as long as it aligns with the child’s best interests.
Modifying Child Custody Rulings
The factors listed above are also relevant when there is a request to modify existing child custody arrangements. Life circumstances can change, and a parent may seek to alter the custody agreement due to changes in employment, relocation, or new information about the child’s needs. The court will reassess the situation based on the current best interest of the child, considering any new developments since the original custody order.
Experienced NJ Child Custody Attorneys for Fathers
Child custody cases in New Jersey are complex and multifaceted, requiring careful consideration of numerous factors to determine what is in the best interest of the child. Whether you are seeking to establish, enforce, or modify a custody arrangement, understanding these factors is crucial. At The Micklin Family Law Group, we are committed to providing the support and expertise you need to navigate this challenging process. Our experienced New Jersey child custody and visitation lawyers for men are here to help you achieve the best possible outcome for your family.
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“I am an officer and dentist in the Air Force. When I received a surprise notice of a visitation and custody hearing, I was, at the same time: moving out, processing from my duty station, and acquiring a new job. Brad Micklin helped me out when no one else could. After all was said and done I got joint legal custody and a very good visitation schedule with my son. Thanks Brad.” – Zufhair H.
Frequently Asked Questions
In the absence of any court involvement, you cannot obtain sole custody unless you have the consent of your child’s mother. Please note, however, that a court will not take custody away from a parent on the sole basis that they do not pay their child support.
If you and your ex-spouse have a good relationship, you have a good relationship with your child, and your ex-spouse is supportive of your relationship, you may be able to come to an agreement with you ex-spouse wherein you both agree to modify sole legal custody to joint legal custody. If possible, this would be far quicker and less expensive then involving the Courts.
Otherwise, you would have to file an application with the Court, seeking modification of custody based upon a substantial change in circumstances. To modify custody, you would have to show the Court that there has been a substantial change in circumstances warranting a modification of custody and show that the change would be in the best interest of the child.
In awarding custody, the Court considers the best interest of the child. In making initial custody determinations, courts will consider the following factors:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with its parents and siblings;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
Modification actions are very fact specific, so it would be necessary to discuss your case at greater length; however, you may be successful in requesting modification. You should consult an experienced family law attorney to ensure that your interests are protected.
Denied without prejudice means that your requested relief was denied at this time; however, you are not barred from seeking relief in the future. It is difficult to provide you a precise response, as you have not provided what type of relief was being sought. In family matters, the Court may modify support or custody if the party can show that there has been a substantial change in circumstances. These types of matter are very fact sensitive, so it would be necessary to discuss you case with you at length. You should consult an experienced family law attorney to ensure that your interests are protected.
To modify custody, you would have to show the Court that there has been a substantial change in circumstances warranting a modification of custody and show that the change would be in the best interest of the child.
In awarding custody, the Court considers the best interest of the child. In making initial custody determinations, courts will consider the following factors:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with its parents and siblings;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
It is unclear whether there is a parenting time order in place at this time, or whether you are seeking an order to be entered for the first time. You are free to request that the paternal parent only have the child at specific times; however, the Court will make its decision based upon the best interest of the child. If you are seeking a modification, you must show that there has been a substantial change in circumstances warranting the modification. Custody/parenting time determinations are very fact sensitive, and the Court will use all of the above factors in making its decision. Therefore, it would be necessary to discuss you case with you at greater length to determine your likelihood of success. You should consult with an experienced family law attorney to ensure your interests are protected.
Child custody and parenting time are often difficult to alter once an agreement is in place. This is due to the fact that courts prefer that parental situations do not affect stability in the children’s lives. Even still, courts may allow a change in cases involving:
- Move aways or parental relocation
- Significant changes in work hours
- Substance abuse by one parent
- College contributions
If there is not already an order providing for custody and parenting time, and no pending custody or child support proceedings, technically there is nothing restricting you from leaving the state with your child. However, it is not recommended to do so, without his express permission or permission from the Court. If the non-custodial parent does not expressly consent to you moving out of state with your child, you must make an application to the Court. In order to be successful on an application to relocate out of state, you must demonstrate to the Court that (a) there is a good faith reason for the move and (b) that the move will not be inimical to the child’s best interest. Pursuant to case law, Courts are to consider the following factors in deciding on relocation applications:
- Reasons given for the move.
- Reasons given for opposition.
- Past history of dealings between the parties insofar as it bears on reasons advanced by both parties for supporting and opposing the move.
- Whether child will receive educational, health and leisure opportunities at least equal to what is available here.
- Any special needs or talents of the child that require accommodation.
- Whether a visitation and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child.
- Likelihood that the custodial parent will continue to foster child’s relationship with the non-custodial parent if the move is allowed.
- The effect of the move on extended family relationships here and in the new location.
- The child’s preference.
- Whether the child is entering his senior year in high school.
- Whether the non-custodial parent has the ability to relocate.
- Any other factor.
To be awarded custody of your child, you’ll need to stay involved in their life, pay any necessary child support, keep good records, and hire a child custody attorney.
Both parents are entitled to time with their children in New Jersey. Fathers have the same rights to custody and parenting time as mothers.
Generally, yes. In some cases, you’ll first have to obtain the custodial parent’s permission to ensure you don’t violate custody orders by taking your child out of state for vacation.
If a judge determines a child is mature enough to have a valid preference, the child may be able to decline visitation with one of his or her parents.
There is no hard and fast rule, so it is left up to the court to determine if a child is old enough and mature enough to refuse visitation.
If the parents of the child are married, both have equal rights to custody of the child. Unmarried parents also have equal rights to custody if paternity has been established.
In New Jersey, all parents have a right to spend time with their children. A custodial parent cannot deny that right without consulting with the courts.
No. If a mother has a valid reason to keep her child away from the father (or vice versa), she will need to ask the courts to permit that arrangement.
An unmarried father must first establish paternity of a child. Then he has the same custody and parenting time rights as a married father would.
The easiest way to file for custody in New Jersey is by working with a family law attorney who can guide you through the process of petitioning the court.
Joint legal custody means both parents maintain an active role and make decisions about their child’s life. However, the child may stay with one parent more frequently than the other.
A joint custody schedule in New Jersey can consist of anywhere from 28% to 50% of overnights, which amounts to a minimum of 104 overnight stays.
You may still have to pay child support if you have joint custody but your child is with you less than 50% of overnights each year.
Potential Child Custody & Visitation Arrangements Nutley and Montclair
In general, a court can issue three types of custody arrangements during your divorce:
- Sole Custody provides one parent with sole physical and legal custody of a child. Physical custody determines with which parent the child will live. Legal custody determines which parent will have control over decisions regarding the child’s upbringing such as medical care, education, and religion.
- Joint Legal and Physical Custody has each parent sharing a substantial amount of time raising the children, and making decisions together about how the kids will be raised.
- Joint Legal Custody means that while one parent retains sole physical custody, both the mother and father share in the decision-making responsibilities for the children.
When sole custody is awarded, the non-custodial parent receives parenting time – often called visitation rights. Both parents are expected to pay a significant role in the life of their children and parenting time helps to achieve this objective.
Whether you already know what your custody and parenting time arrangements and rights will be, or you need help defining an arrangement, our experienced child custody lawyers will be able to help you.
Don’t go through your custody case alone! Reach out to our child custody attorneys to set up a confidential consultation.
Contact Our Nutley and Montclair, NJ Child Custody Lawyers Today to Learn More
If you find yourself locked in a difficult or even antagonistic child custody battle, do not hesitate to contact one of our Northern New Jersey child custody attorneys in Nutley or Montclair.
Let us help you fight for you and your children. We know family law and custody issues inside-and-out, and will be the forceful advocate for your rights. Call us at 973-562-0100 to schedule your initial consultation so you can learn more.
