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Frequently, parents or other adults who have raised a child will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you’ve had exchanging the child from one home to the next, and anything else that’s relevant to the situation. Hopefully, you can come to a resolution everyone can live with. Otherwise, the judge may make a parenting plan that neither parent is happy with. However, it’s important to note that if there was domestic violence in your relationship with the other parent, you may be able to skip mediation.

If you have experienced domestic abuse in your home, it is important to seek help right away. These situations can be life-threatening. In the home, it is important to maintain a peaceful environment. If children are in the home, they may be in danger. You can be in danger as…Read More

Over time, your family’s situation will, of course, change! What may have worked as part of the child custody and visitation agreement three years ago may not work now. If that’s the case, the parents should negotiate a change that works for everyone.

The awarding of shared joint custody means that both parents will need to reevaluate their lives and their schedules to maximize their quality time with their children. Agendas, housing arrangements, and other such factors have to be taken into account. This can cause friction or disagreement when one person feels the situation is not fair. If the parents cannot come to an agreement inside or outside of mediation, the courts will move forward to impose an arrangement. A common pattern is for children to split time at each parent’s home for weeks at a time. Joint custody options also include alternating years, six-month periods, or split weekend/weekday arrangements. When deciding the allocation of a child’s time, it is always important to keep the child’s best interest in mind.

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“So happy I hired Tanya and her team. My husband’s attorney was extremely aggressive, he was having an affair and I feared he was hiding assets. Tanya put my mind at ease and walked me through the process every step of the way. We uncovered money I didn’t know about and she and her team secured my financial future so I can move on past my divorce. They were responsive, competent, and aggressive when it counted. I am forever grateful” – Patel Shah Read More Reviews

Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a consultation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching! Attorney Bio

Legal Custody refers to the decision-making rights and responsibilities of the parents. A parent with sole legal custody can decide where a child goes to school, what medical care providers to see, and even the religion in which the child will be raised. In a joint legal custody arrangement, both parents have input on these decisions.

There is also a third, though far less common, form of residential custody. With “split custody,” each parent as sole residential custody of one or more of the couple’s children. While the New Jersey courts will typically find that it is in children’s best interests to live with their siblings, in some cases, living separately may outweigh the benefits of living together.

If you want your child to live primarily with you, our child custody lawyer needs to come up with the facts that show it’s in your child’s best interest. If you want to have sole legal custody, that may be more difficult to accomplish unless you can show that the other parent is truly unfit and completely unable to make important decisions concerning your child. It is a high standard. Given the State’s preference that both parents stay involved in a child’s life, a court may be reluctant to agree to that arrangement, unless the facts show it’s the right decision for the child(ren).

In most cases legal custody is shared, unless one parent doesn’t want to be a parent or faces serious and extreme personal issues. For example, that parent may suffer from severe substance abuse issues or be physically or emotionally abusive.

In sole custody situations, the parent without legal custody must respect the custodial parent’s decisions, and must seek the custodial parent’s consent prior to undertaking any non-routine activities with the child. In the event of a disagreement, either parent can seek relief by filing a motion with the court.

Joint custody, also called shared custody, means that even though the parents don’t live together, they share the decision-making responsibilities and/or physical control and custody of their children. Joint custody could come as easily as an agreement between both parents, though court appointed joint custody is common as well, and can exist if the parents are separated, divorced, no longer cohabitating, or even if they have never lived together. Joint custody can be defined in several different fashions. Joint legal custody means that both parents are required to partake in legal responsibilities of the child. Joint physical custody means that children split significant time staying with each parent. The parents can also both be awarded (or agree to) joint physical and legal custody. The awarding of shared joint custody means that both parents will need to reevaluate their lives and their schedules to maximize their quality time with their children. Agendas, housing arrangements, and other such factors have to be taken into account. This can cause friction or disagreement when one person feels the situation is not fair. If the parents cannot come to an agreement inside or outside of mediation, the courts will move forward to impose an arrangement. A common pattern is for children to split time at each parent’s home for weeks at a time. Joint custody options also include alternating years, six-month periods, or split weekend/weekday arrangements. When deciding the allocation of a child’s time, it is always important to keep the child’s best interest in mind. There are many advantages to both the children and the parents when joint custody is awarded. The children have continued contact and involvement with both parents, and the burden of single parenting is alleviated when the child is away. As with any situation, there are disadvantages as well, primarily stemming from the fact that the children must adhere to a regimented schedule and be shuttled around to accommodate it. Also, depending on the existing relationship between parents, any tension or non-cooperation can cause seriously devastating effects on children. Maintaining two homes for the children can also be an expensive undertaking.

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected. A Family Law Client Chevy Chase , MD

At Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC, our Hackensack child custody attorneys will keep your children’s best interests in mind as we work to find the best custody resolution for your individual situation. One of the benefits of hiring an experienced child custody lawyer is that you’ll have access to all the information and options you need during these stressful decision-making processes and we will navigate the New Jersey courts for you. We will always initially work toward negotiating child custody, child visitation, and even child support that is mutually satisfactory for both parents. By the way, if your custody and parenting / visitation schedule changes significantly, child support may also need to be re-visited and modified.

Child Custody and Visitation Working out a parenting agreement that covers child custody and visitation can be difficult, especially when there is animosity between parents. Whether you’re recently separated and looking to learn the basics of types of custody or you’ve had an open case for years that needs modifications due to life changes, you can find resources here. FindLaw’s Child Custody and Visitation directory contains information about many local Jersey City, New Jersey attorneys who can help you through your child custody and visitation case.What Is Child Custody?Child custody refers to a situation in which a parent (or parents in cases where there is joint legal or physical custody) is charged with the responsibility of raising and protecting their child. During bitter divorce or separation proceedings, or in cases where abuse is alleged to have occurred (either against the child or against a spouse, or both), custody hearings may be brought to court.What Is Visitation?Visitation refers to the schedule set out (either mutually by the parents, or by the order of the court) by which the noncustodial parent may be able to see their child. In some cases, there may be zero visitation allowable at the discretion of the custodial parent or the courts, typically in cases of abuse.Visitation can be supervised or unsupervised, depending on the context of the visitation agreement and schedule, as well as the relationship shared between the custodial parent and the noncustodial parent. Supervised visitation is strictly monitored from a legal perspective, and any violations of agreed-upon or mandated supervision may result in the loss of visitation.

Common Questions From Our New Jersey Child Custody Lawyers What are the types of child custody in New Jersey? When a child is involved in a divorce settlement, the custody situation can vary greatly depending on the remaining relationship between parents. Ideally, child custody is agreed upon and abided by both parties in an effort to do what is best for the child. However, legal wrangling, family history, and personal developments can affect the outcome of a custody hearing. A judge can award either sole or joint custody depending on what appears to be the best situation for the child. When can a parent be granted Sole Custody in NJ? Sole custody means that both the child’s physical and legal rights are in the care of the custodial parent. The non-custodial parent maintains the parent-child relationship through defined visitation rights. As society has evolved into a less gender-biased culture, the New Jersey court systems have moved away from generally awarding sole custody to the mother. It is widely recognized that the active involvement of both parents is the best way to proceed, and the father’s role has enlarged over the years. To accommodate this shift in cultural roles, courts sometime award physical custody for one parent while both parents share legal custody, along with a generous visitation schedule. However, in New Jersey, more often than not, award joint physical and legal custody. The court takes issues such as alcohol or drug dependency, child abuse charges, or neglect charges into account and will not hesitate to award sole custody if either parent is deemed unfit. The awarding of sole custody can cause much friction in a relationship, and it is generally not recommended to seek sole custody unless one parent is a direct harm to the children. Is there a difference between shared and Joint Custody in New Jersey? Joint custody, also called shared custody, means that even though the parents don’t live together, they share the decision-making responsibilities and/or physical control and custody of their children. Joint custody could come as easily as an agreement between both parents, though court appointed joint custody is common as well, and can exist if the parents are separated, divorced, no longer cohabitating, or even if they have never lived together. Joint custody can be defined in several different fashions. Joint legal custody means that both parents are required to partake in legal responsibilities of the child. Joint physical custody means that children split significant time staying with each parent. The parents can also both be awarded (or agree to) joint physical and legal custody. The awarding of shared joint custody means that both parents will need to reevaluate their lives and their schedules to maximize their quality time with their children. Agendas, housing arrangements, and other such factors have to be taken into account. This can cause friction or disagreement when one person feels the situation is not fair. If the parents cannot come to an agreement inside or outside of mediation, the courts will move forward to impose an arrangement. A common pattern is for children to split time at each parent’s home for weeks at a time. Joint custody options also include alternating years, six-month periods, or split weekend/weekday arrangements. When deciding the allocation of a child’s time, it is always important to keep the child’s best interest in mind. There are many advantages to both the children and the parents when joint custody is awarded. The children have continued contact and involvement with both parents, and the burden of single parenting is alleviated when the child is away. As with any situation, there are disadvantages as well, primarily stemming from the fact that the children must adhere to a regimented schedule and be shuttled around to accommodate it. Also, depending on the existing relationship between parents, any tension or non-cooperation can cause seriously devastating effects on children. Maintaining two homes for the children can also be an expensive undertaking.

A parenting plan—otherwise known as a custody plan — can be jointly agreed to and submitted to the court for approval. If the parents cannot come to an agreement, the Court will make one for you. Parents can come up with these plans in any way that works for them, as long as they serve the children’s best interests. Plans should provide a schedule that specifically states when the child is with each parent, for example:

At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.

Can I get a restraining order in New Jersey? If you have experienced domestic abuse in your home, it is important to seek help right away. These situations can be life-threatening. In the home, it is important to maintain a peaceful environment. If children are in the home, they may be in danger. You can be in danger as…Read More Can I file for product liability? As consumers, we are constantly buying new products. These products are either for pleasure or they are an everyday necessity. When we buy these products, we expect them to be up to a certain standard. We spend our hard-earned money on these products. Due to this, manufacturers have promised that…Read More How can a third party affect workers’ compensation? Workers’ compensation is in place to aid employees after they experience a workplace accident. These employees may be unable to work due to an injury resulting from their accident. When this is the case, they may be eligible to collect workers’ compensation, which can be beneficial to make up for…Read More

Unfortunately, there are those rare cases in which custody cannot be effectively resolved outside of the litigation process. In these cases, we offer at team of experienced and aggressive trial attorneys who are prepared to advocate for your custody rights at all levels of the New Jersey family court system.

Legal custody refers to the parent who has the right to make decisions regarding the child, i.e., medical, educational, and religion. With legal custody, parents can either be granted joint or sole custody. Parents with joint legal custody will equally share in the decision-making process.

New Jersey Child Custody Lawyer Resolving issues vital to your child’s future Child custody can be one of the most difficult issues a parent faces during divorce. Tanya L. Freeman is dedicated to protecting your rights to raise your child in a healthy, thriving environment. Freeman represents families in New Jersey in all aspects of child custody and visitation, including: Primary and joint custody arrangements Visitation rights Grandparent visitation Modification of custody and visitation orders Child custody during the divorce Enforcement of orders Parental Alienation Decisions related to education and the payment of private school/college tuition Download Our Free Child Custody and Support Guide Advantages of mediation Children can be well served when parents maintain an amicable relationship. Through the structured process of mediation, couples can often set aside hostility and agree on key decisions affecting their children. Mediation can be a highly effective tool for parents to preserve their children’s well-being and the stability of their lives during the often turbulent process of divorce. Mediation takes some of the stress out of child custody conflicts and puts important child-rearing decisions in the hands of the parents rather than the court. Tanya L. Freeman assists her clients develop mediation strategies that often  help craft a resolution without the necessity of a trial. Supporting litigation In some cases, litigation is necessary to protect a child’s best interests. When one parent refuses to compromise or expresses hostility toward the other parent, negotiations can fail. Sometimes a parent may even pose a danger to the child’s well-being. Child custody attorney Tanya L. Freeman’s approach to litigation may enable you to feel confident that your children are protected and your parental rights are secure. Contact our New Jersey Child Custody Lawyer Are you dealing with a potential child custody issue?  Contact us today to schedule a free consultation. Download Our Free Child Custody and Support Guide Serving Essex, Hudson, Morris, Bergen, Union, Passaic, Somerset, Middlesex, and Monmouth Counties Request a Free Confidential Consultation Client Reviews “So happy I hired Tanya and her team. My husband’s attorney was extremely aggressive, he was having an affair and I feared he was hiding assets. Tanya put my mind at ease and walked me through the process every step of the way. We uncovered money I didn’t know about and she and her team secured my financial future so I can move on past my divorce. They were responsive, competent, and aggressive when it counted. I am forever grateful” – Patel Shah Read More Reviews Latest Blog Posts What To Do After Alimony Comments Off on What To Do After Alimony Divorce Process Timeline Comments Off on Divorce Process Timeline 5 Common Child Support Questions Comments Off on 5 Common Child Support Questions Traveling Out of the Country with the Children Comments Off on Traveling Out of the Country with the Children

However, in New Jersey, more often than not, award joint physical and legal custody. The court takes issues such as alcohol or drug dependency, child abuse charges, or neglect charges into account and will not hesitate to award sole custody if either parent is deemed unfit. The awarding of sole custody can cause much friction in a relationship, and it is generally not recommended to seek sole custody unless one parent is a direct harm to the children.

At the law office of Lum, Drasco & Positan, we are committed to protecting your rights and preserving the best interests of your children. The family law attorneys at our firm offer a compassionate approach tempered with judgment when handling emotionally-sensitive issues, including child custody and child support.

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There are many factors the court will consider when hearing these cases. As always, the child’s best interests will be paramount to the case. Some factors include, but are not limited to:

South Jersey Child Custody Attorneys South Jersey Child Custody Attorneys Child Custody Law Firm in Cherry Hill, NJ Child custody may be one of the most potent issues in a divorce. Parents who get divorced may need to address the post-divorce parenting structure. While some parents can set aside their differences and work through alternative dispute resolution for the betterment of their child, others are not able to come together, leading a couple to litigation. It is understandable that, for a parent, the idea that they would not see their child every day after years of consistency can be overwhelming. Many contested cases of child custody stem from a disagreement with what the other deserves. According to the state, both parents have equal rights to custody. The fact that you may have been a stay-at-home parent will not give you a greater entitlement to custody. When facing such a significant legal matter, it is important to consult with an effective legal team that has your best interests in mind. Contact Underwood & Micklin for a consultation to discuss your legal matter. Physical custody in New Jersey Physical custody, also known as residential custody, addresses where a child will spend more time per week. For most cases, one parent will be awarded physical custody. This parent is called the custodial parent or the primary caregiver. There are many factors that can impact a case for physical custody. Legal custody in New Jersey Legal custody may be the most important factor in a custody case. It is the right for a parent to make significant decisions for his or her child. If you lose physical custody, it is very important that you retain your legal custody rights. For most, this is not an issue. Most cases end in a joint legal custody arrangement. For some, under the most serious circumstances, a parent is awarded sole custody, leaving the other parent with few rights at all. Sole Custody in New Jersey Sole custody is the term used when one parent is awarded both legal and residential custody. Sole custody arrangements are rare, usually for the most serious situations. When one parent is deemed unfit to act as a guardian, a court may decide to award the other sole custody. That said, the noncustodial parent still has limited visitation rights. Some of the reasons a person could be considered unfit to parent include a history of substance abuse, a history of violence, incarceration, institutionalization, and more. Important factors when deciding child custody cases in New Jersey There are many factors the court will consider when hearing these cases. As always, the child’s best interests will be paramount to the case. Some factors include, but are not limited to: The possibility of cooperation by the parents The line of communication amongst the parents The bond between the child and each parent The needs of the child Home life and stability Academics The preference of the child, if appropriate Contact our South Jersey child custody attorneys For over 20 years, Underwood & Micklin has been a quality legal resource to clients across the state. Our firm’s commitment to the client’s future is unmatched. We recognize how significant child custody is and how the road ahead may seem overwhelming. Our firm is ready to fight for your future and your familial relationship. Contact Underwood & Micklin for a consultation to discuss your legal matter today. Legal vs. Residential Custody Our Practice AreasFamily Law Divorce Spousal Support Property Distribution Child Support Child Custody Modifications and Enforcement Bankruptcy Bankruptcy Options Chapter 7 Bankruptcy Chaper 13 Bankruptcy Chapter 11 Bankruptcy Loss Mitigation Personal Injury Motor Vehicle Accidents Slip & Falls Workplace Accidents Product Liability Certified Civil Trial Attorney Crime Victims Workers’ Compensation Criminal Defense Sign Up ForOur Newsletter Underwood & Micklin is honored to partner with Legal Shield. Legal Shield’s network of law firms provides quality legal services with a focus on high-caliber customer services and rates that are affordable. Our legal team is ready to serve its members, working tirelessly to ensure that your legal needs are met. Contact us today. Read Our Latest Blogs Can I get a restraining order in New Jersey? If you have experienced domestic abuse in your home, it is important to seek help right away. These situations can be life-threatening. In the home, it is important to maintain a peaceful environment. If children are in the home, they may be in danger. You can be in danger as…Read More Can I file for product liability? As consumers, we are constantly buying new products. These products are either for pleasure or they are an everyday necessity. When we buy these products, we expect them to be up to a certain standard. We spend our hard-earned money on these products. Due to this, manufacturers have promised that…Read More How can a third party affect workers’ compensation? Workers’ compensation is in place to aid employees after they experience a workplace accident. These employees may be unable to work due to an injury resulting from their accident. When this is the case, they may be eligible to collect workers’ compensation, which can be beneficial to make up for…Read More Review Our Firm

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