New Jersey Child Custody Lawyer

Child Custody Attorney in Red Bank Advocates for Parents’ Rights in Monmouth County, Ocean County, Middlesex County, and Throughout NJ

Separation or divorce can become much more difficult when partners have children together. Although parents want the best for their kids, they may sometimes lose sight of their children’s best interests when trying to protect their continued relationship with their kids. Parents will want to spend as much time with their children as possible while failing to remember that it means less time for their co-parent. Couples may end up in vicious disputes over child custody. To avoid litigation that may harm you and your children, you need experienced, empathetic legal representation that can protect your and your children’s interests. Turn to New Jersey child custody lawyer Joseph J. Russell for help.

For more than a hundred years, our firm had worked hard to provide reputable legal advice and advocacy to people across New Jersey. Over the decades, we have developed into one of New Jersey’s biggest and most historic law firms. Our attorneys have included numerous trial judges, several New Jersey Supreme Court justices, and three former presidents of the NJSBA. Attorney Joseph J. Russell and our family law group have also received recognition from multiple publications and organizations for their work on behalf of families.

Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case evaluation to learn more about your legal rights and options in your child custody matter. Let our firm advocate for you to protect your relationship with your child or children and your child’s or children’s interests.

How Does Child Custody Work in New Jersey?

The law divides child custody into two subtypes:

• Physical custody – Physical custody refers to a parent’s right to spend time with their child and to control their location. Parents can divide physical custody by adopting a parenting time schedule. When parents share physical custody, the custody arrangement will designate one parent as the “parent of primary residence” and the other as the “parent of alternate residence,” even if both parents spend equal time with their child.
• Legal custody – Legal custody refers to the right to make decisions about a child’s upbringing, including those related to the child’s education, healthcare, and religious/moral upbringing.

Public policy in New Jersey prefers shared physical and legal custody arrangements since they allow both parents to participate in their children’s lives. However, courts may award a parent sole legal or physical custody, including where parents cannot agree on decisions or where a parent demonstrates their inability to exercise parenting duties.

Courts prefer when parents negotiate and agree on a custody arrangement. However, courts can resolve custody disputes. Any resolution to a custody dispute must serve the child’s best interests. Courts may not consider the needs or convenience of parents. State law lists factors that judges should consider when deciding child custody, including:

• The parents’ ability to communicate and agree
• The parents’ willingness to accept a custody arrangement and any history of refusal to allow parenting time not motivated by safety concerns
• The child’s relationship with their parents and siblings
• Any history of domestic violence or child abuse
• The stability of each parent’s home environment
• The need to ensure the quality and continuity of the child’s education
• The proximity of the parents’ homes
• The extent and quality of time each parent spent with the child before the parents’ separation
• The parents’ work responsibilities and the time each parent can spend with the child
• The child’s preference, if the child has reached an age where they have the maturity and insight to express a reasoned preference

New Jersey law also expands custody rights to grandparents, allowing grandparents to petition for visitation rights if the child’s parent or parents have refused access.

• ★★★★★

  "Joe Russell is an expert in his field! He handles all clients with compassion and professionalism. I have recommended him to many friends and families and they have all raved about their experience working with him."

  Nicole Wasserman-01/15/2023
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New Jersey Child Custody Lawyer Joseph J. Russell and Our Family Law Group Will Fight to Protect Your Relationship with Your Child/Children

When a custody dispute puts your child’s interests and your relationship with them at stake, you need strong, compassionate legal representation to help you advocate for your rights. A child custody attorney in Red Bank from our firm can assist you with child custody following your separation or divorce by:

• Explaining your legal rights and options and preparing you for what to expect during the custody determination process
• Helping you explore custody arrangements that work for your family
• Negotiating on your behalf to help you and your ex reach an agreement
• Gathering evidence and witness testimony needed to support your preferred custody arrangement in court
• Advocating for your and your child’s interests if you need the court to resolve your custody dispute
• Preparing and filing petitions on your behalf if you need to modify an existing custody order due to changes to your family’s circumstances

Contact a Child Custody Attorney in Red Bank for a Consultation to Learn More About Custody Laws in New Jersey

Resolving child custody can lead to an emotional contest between parents. You need experienced legal counsel who can provide you with knowledgeable, rational advice. Contact New Jersey child custody lawyer Joseph J. Russell for a confidential consultation to learn more about how our firm can help you resolve child custody disputes if you and your partner have separated or filed for divorce.

Frequently Asked Questions About Child Custody in New Jersey