Are you facing a stressful child custody matter in New Jersey? Knowing your legal rights can be difficult, and when your child’s well-being is at stake, you can’t afford the risk of proceeding without strong legal support.

With more than a century of experience helping New Jersey clients through complex child custody situations, Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., is ready to provide the responsive, detail-oriented, and highly personalized service you deserve. We’re here to protect your interests and minimize the stress you’re experiencing in this difficult time.

Contact us right away to get started with a consultation. Everything you tell us is confidential.

Why You Need a New Jersey Child Custody Lawyer

When facing a child custody dispute, working with a New Jersey child custody lawyer like Joseph J. Russell can make a big difference in the outcome. The legal process can feel overwhelming, especially when you’re already dealing with the emotional strain of custody issues. As your attorney, Joe understands the relevant laws — including any new custody laws for New Jersey that might affect your case — and can advocate for your parental rights while prioritizing your child’s best interests.

Whether you’re pursuing shared custody or seeking to establish a formal agreement, your attorney will guide you through the process and help you make informed decisions. They can help you understand how the courts typically rule on custody matters and what factors may impact your case. With their support, you can feel better prepared for the legal challenges ahead and more confident about the outcome. Even in cases where both parents agree on terms, having a legal advocate like Joe can help prevent future disputes from arising.

Joe is an experienced New Jersey child custody attorney. He and his team are ready to help you address the most common issues parents wonder about during custody matters, including the following:

  • How to file for custody in New Jersey
  • How to get sole custody in New Jersey
  • How child custody for unmarried parents works
  • How child support and child custody intersect

What Are the Different Types of Child Custody in New Jersey?

In New Jersey, custody arrangements focus on what’s best for the child, and the court considers several types of custody. Understanding the differences can help you know what to expect when working with a child custody attorney in New Jersey.

The following are the different types of custody recognized under New Jersey child custody laws:

  • Physical Custody – Physical custody refers to where the child lives most of the time. Parents often share physical custody in New Jersey, but one parent may have primary custody.
  • Legal Custody – Legal custody gives a parent the right to make important decisions about the child’s education, health care, and general welfare. Parents can share legal custody, or one parent may have sole legal custody.
  • Joint Custody – Joint custody in New Jersey involves both parents sharing custody, which can include both physical and legal custody.
  • Sole Custody – In some cases, one parent may have sole legal and physical custody. If you’re wondering whether you can get sole custody, discuss this matter with your attorney.

What Must Judges Consider in New Jersey Custody Cases?

When deciding child custody cases in New Jersey, judges consider various factors to determine what arrangement best serves the child’s well-being. Knowing these New Jersey custody factors can help you prepare for your case.

The following are the key factors that judges often take into account during custody disputes:

  • Each parent’s willingness to cooperate with the other parent
  • The stability of the home environment offered by each parent
  • The relationship between the child and each parent
  • The child’s safety and any history of domestic violence
  • The child’s preference, depending on age and maturity
  • The child’s needs, including education and emotional support
  • Each parent’s ability to care for the child
  • The geographic proximity of the parents’ homes
  • Each parent’s involvement in the child’s life and daily activities
  • Each parent’s work schedule and availability

Can I Have My Child Custody Agreement Modified?

You can request a modification to a child custody agreement in New Jersey if there has been a significant change in circumstances, such as changes in a parent’s work schedule, relocation, or changes in the child’s needs. The parent seeking modification must prove that the change in circumstances is substantial and in the child’s best interests.

To modify the agreement, you will need to file a motion with the court and present evidence supporting your case. Modifications can apply to physical custody, legal custody, or visitation rights, depending on the specific circumstances.

How Can a Parent Lose Custody in New Jersey?

In New Jersey, a parent can lose custody if they demonstrate an inability to provide a safe and supportive environment for their child. Examples include substance abuse, neglect, domestic violence, or failing to comply with court orders. If a parent engages in behaviors that threaten the child’s well-being, the court may consider these actions when making custody decisions.

The process of losing custody typically begins with one parent filing a motion with the court. The motion outlines their concerns and provides evidence. The court will then schedule a hearing where both parents can present their cases. The judge will review evidence, including testimonies from witnesses, and may involve the New Jersey Department of Children and Families.

If the court finds sufficient cause, it may change custody arrangements to protect the child’s best interests. This could mean altering physical custody, changing parenting time schedules, or even granting sole custody to the other parent.

How Can I Improve My Chances of Securing My Desired Custody or Visitation Rights?

When seeking custody or visitation rights in New Jersey, there are some actions you can take to improve your chances of securing the role you want in your child’s life. Taking the following proactive steps can help you present a strong case to the court:

  • Maintain a Stable Environment – Provide a consistent and safe home for your child. Courts favor parents who can offer stability, which promotes the child’s well-being.
  • Be Involved– Stay actively involved in your child’s life. Attend school events, participate in extracurricular activities, and keep communication open.
  • Cooperate with the Other Parent – Show a willingness to work with your co-parent. Courts prefer parents who can collaborate on decisions that affect the child.
  • Document Everything – Keep records of your interactions with your child and the other parent. Document any incidents that may affect custody, such as missed visitations or changes in the other parent’s or your child’s behavior.
  • Consider Counseling – Seek professional help if needed. Counseling can support personal growth and demonstrate your commitment to improving your parenting practices.

How Long Can a Child Custody Case Take in New Jersey?

In New Jersey, child custody cases can take varying lengths of time, depending on several factors. Generally, a straightforward case may resolve within a few months, while more complex situations involving disputes can take longer.

If parents agree on custody terms, they can often finalize arrangements through mediation, which typically shortens the process. However, if disagreements arise, court hearings may become necessary, which can extend the timeline. Additionally, the court may require evaluations, which may further delay proceedings.

Parents should prepare for the possibility of a lengthy process, keeping their child’s best interests in mind throughout.

Do I Need a Lawyer Even If My Co-Parent and I Agree on How to Share Custody?

Even if you and your co-parent agree on custody terms, hiring a child custody lawyer in New Jersey can give you much-needed support. An attorney will help ensure that your custody agreement meets legal requirements and protects your rights. They will draft and file the necessary documents with the court, reducing the risk of mistakes that could lead to delays or complications.

Moreover, an attorney will help you understand your options and the implications of your decisions. They can also facilitate discussions between you and your co-parent, making it easier to reach a fair agreement. If issues arise later, having an attorney can provide peace of mind, knowing you have someone knowledgeable on your side who will help you deal with any challenges and move forward.

Ultimately, having legal representation strengthens your position, promotes smoother negotiations, and helps avoid potential pitfalls. With a skilled attorney like Joe guiding you through the process, you have more time and mental energy to focus on your child’s needs and well-being.

How Far Can a Parent Move with Joint Custody?

In New Jersey, parents with joint custody face restrictions on relocating. Parents may relocate with their child within the state as long as doing so doesn’t limit the other parent’s time with the child. However, a parent cannot move out of state without court approval or the other parent’s consent if they share joint custody. This rule aims to protect the child’s relationship with both parents. If a parent wishes to move out of state, they must file a motion in court and demonstrate that the move is in the child’s best interests.

In all cases, the court will review factors such as the child’s stability, the impact on their education, and the ability of both parents to maintain a relationship with the child.