Bergen County Child Custody Lawyer

Representing Parents & Children in Custody Cases in New Jersey

When you go through a divorce, we know that few things matter more to you than your children's future. So our child custody lawyers serving Bergen County are prepared to walk you through every aspect of child custody clearly and compassionately.

Our team-based approach ensures you'll have a team of family attorneys actively working on your child custody case to provide high-quality service with a personalized touch. Each team member brings unique insights into family dynamics and law practice to help craft effective solutions. This collaborative effort often results in more comprehensive and innovative strategies tailored specifically to your family, ensuring that all aspects of your case are thoroughly addressed.

Schedule your complimentary case consultation. Call (888) 224-1218 or contact us online today!

Why Choose Us?

• Free Case Consultations
• Backed By 25 years of combined Family Law Experience
• Evening Appointments Available
• Client-Focused Service
• Highly Respected Divorce Law Firm
• Effective & Personalized Representation

Types of Custody Plans in New Jersey

The two main types of custody in Bergen County, NJ are:

1. Physical or Residential Custody

• This refers to the parent the child lives with (the Parent of Primary Residence versus a Parent of Alternative Residence).

2. Legal Custody

• This refers to the parent(s) responsible for making all major decisions affecting the child including those related to health, education, safety, and overall welfare. You will have the opportunity to come up with a custody plan with your spouse first.

The following options exist in relation to child custody:

• Sole Custody – One parent makes decisions for the child without the other.
• Joint Legal Custody – Both parents have a say and can participate in decision-making.
• Parent of Primary Residence – The residence where the child primarily resides and spends the most time.
• Parent of Alternative Residence – Residence where the child spends parenting time based on a schedule.
• True Shared Parenting Agreement – Both parents have rights to parenting time with their child.

How do the Family Courts Determine Child Custody in New Jersey?

Suppose the two parties cannot agree upon an arrangement. In that case, the court will be called upon to intervene, usually with the benefit of a forensic custody evaluation prepared by a mental health expert.

Child custody is awarded based on the following factors:

• Needs of the child
• Fitness of the parents
• History of domestic violence
• Parent's employment responsibilities
• The stability of the home environment offered
• Quality and continuity of the child's education
• The geographical proximity of the parent's homes
• Interaction and relationship of the child with its parents and siblings
• Parents' ability to agree, communicate and cooperate in matters relating to the child
• Safety of the child and the protection of either parent from physical abuse by the other parent
• The extent and quality of the time spent with the child before or after the separation
• Preference of the child when of sufficient age and capacity to reason to form an intelligent decision
• Parent's willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse

In a highly contested custody case, it is not uncommon for the parties to call upon the skills of a trusted family attorney. At Sherwood, Johnson & Poles, our Bergen County child custody attorneys are compassionate to the needs of our clients. We work to help reach amicable and fair resolutions for the entire family.

Additional Considerations in Child Custody Cases

Judges may consider the ages and number of children, the location of the child's school, each parent's job situation, and the distance between the parent's homes. In addition, a court may deem a parent unfit if a history of child abuse, drug addiction, or even domestic violence exists. Usually, in these situations, a parent will have restricted or supervised visitation for a while. In extreme cases, the court can terminate parental rights.

How To Modify Child Custody Agreements

It is not uncommon for a custody plan to be modified well after the initial arrangement has been finalized. In addition, whenever a change in circumstance occurs, a modification may be necessary. For example, a custody plan will have to be revisited if one spouse is planning to move outside of the state of New Jersey.

Helpful Tips for Your Child Custody Case

• Consult a child custody attorney near you: Your child custody lawyer is your best asset and can help you strategize to ensure you can get through this as smoothly as possible.
• Consider settling out of court: In many cases, spouses can reach an agreement with their attorneys' help and an unbiased mediator. Your attorney might suggest this option to keep you out of court. Not only does it save you time and money, but it helps you work on your relationship as co-parents.
• Be aware of your behavior: When in the middle of a custody dispute, it is important that you keep your temper in check. This is not always easy when you have a lot of unresolved anger and resentment. Still, it is imperative that you are on your best behavior. Do not send angry texts and emails to your spouse, and do not argue in front of your children.
• Never alienate your children from your ex: Your marriage might be over. Still, your former spouse will always be a parent to your children, so never alienate them from one another. Not only is this harmful to your kids, but it will do you no favors in court.
• Remain engaged in your kids' lives: Regardless of what is going on in your life, it is crucial to show that you can remain engaged with your children and attend all of their important events, whether related to their academic life or health. It helps your case in court and strengthens your bond with them, making it a win-win.

How We Can Help

Hiring an experienced Bergen County child custody attorney can significantly impact the outcome of your custody case and provide much-needed support during a challenging time. Here are some key benefits:

• Expert Knowledge of New Jersey Custody Laws: There are many legal considerations involved in child custody cases, including parenting time, decision-making rights, and child support. An experienced attorney understands the nuances of New Jersey family law and can navigate the legal system to protect your rights and best interests.
• Tailored Legal Strategy: Every custody case is unique. Our experienced attorney will carefully evaluate your circumstances, including the child’s needs, parental relationships, and living arrangements. Whether you want primary custody secured or a fair parenting plan negotiated, we can develop a strategy that aligns with your objectives.
• Effective Negotiation and Mediation: Custody disputes are often emotionally charged. Our team helps facilitate productive discussions between parties, aiming to reach an amicable agreement without escalating conflict. We can also represent you in mediation to achieve a favorable outcome without prolonged court battles.
• Strong Court Representation: If your case goes to court, having a seasoned attorney is crucial. It is our commitment to present evidence, make compelling arguments, and advocate for your parental rights, making sure your voice is heard.
• Protecting Your Child’s Best Interests: In order to promote stability and a positive environment for your child, an experienced child custody attorney prioritizes his or her well-being.

Hiring a knowledgeable Bergen County child custody attorney ensures that your case is handled professionally, giving you the best chance of a favorable resolution.

Common Questions About Child Custody in Bergen County

What Are My Rights as a Non-Custodial Parent in Bergen County?

As a non-custodial parent in Bergen County, you still maintain numerous rights to be actively involved in your child's life. You are typically entitled to visitation, which is usually outlined in the court's custody agreement. This includes scheduled times such as weekends, holidays, and vacations, emphasizing the child’s need to build a strong relationship with both parents. Additionally, non-custodial parents have rights to access the child’s educational records, and they can attend school events unless restricted by a court order.

It's important to understand that while non-custodial parents do not have the right to make major decisions regarding the child's upbringing—such as their education, healthcare, and religious instruction—this does not diminish their role in providing emotional and financial support. Moreover, non-custodial parents can petition for adjustments to visitation schedules, particularly if their personal circumstances change. Engaging in mediation can be beneficial for resolving disputes amicably, and seeking legal counsel can ensure that your rights are respected and upheld throughout the custody arrangement process.

How Can I Request a Custody Evaluation in New Jersey?

A custody evaluation in New Jersey is often requested when parents cannot agree on a custody arrangement or when significant changes in circumstances arise. This evaluation is conducted by a professional, such as a psychologist or a social worker, who assesses each parent's capabilities, the child’s needs, and the overall family dynamics. To initiate this process, a parent must file a formal request with the court, explaining why an evaluation is necessary. The court will then decide whether an evaluation will benefit the child's best interests.

The evaluation process typically includes home visits, interviews with the child, parents, and sometimes other family members, and observations of interactions between the parent and the child. The evaluator compiles a report based on these findings, which is then submitted to the court. While the findings are influential, the judge considers multiple factors before issuing a final custody decision. Having a legal advisor help navigate this complex procedure is crucial for ensuring that all aspects of the evaluation process are carried out fairly and comprehensively.

What Should I Include in My Parenting Plan for Bergen County?

A parenting plan should be comprehensive and tailored to meet the needs of the child and the family. In Bergen County, a detailed parenting plan typically includes custody and visitation schedules, outlining the logistics of pick-ups, drop-offs, holidays, and vacations. It should also cover decision-making responsibilities for critical matters such as education, health care, and extracurricular activities. Including clauses on communication methods and conflict resolution strategies can also be beneficial to mitigate disagreements.

Moreover, a parenting plan should address special considerations specific to the needs of your child, such as medical requirements or religious practices. Anticipating potential changes and including a process for modifications can help adapt to future developments. Consulting with a family law attorney is highly recommended, as they can provide insights into legal requirements and ensure the plan’s enforceability while aligning it with your family’s values and objectives.

Can Grandparents Seek Custody or Visitation Rights in New Jersey?

In New Jersey, grandparents have the legal right to seek visitation or custody under specific circumstances. For custody, the grandparents must prove that both parents are unfit, or that the child would be at significant risk by remaining with the parents. With visitation, grandparents can petition the court if they have been denied access to the child, typically needing to demonstrate that visitation is in the child’s best interest and would not interfere with the parent-child relationship.

The court considers several factors in these cases, including the relationship history between the grandparents and the child, the reasons visitation has been prevented, and the potential impact on the child’s emotional well-being. Establishing a formal arrangement through the court may require legal guidance, as this process involves balancing parental rights with grandparental involvement, always keeping the child’s welfare at the forefront.

How Can Relocation Affect Custody Arrangements in Bergen County?

Relocating can substantially impact custody arrangements, particularly if it affects the current visitation schedule. In Bergen County, the moving parent must demonstrate in court that the relocation serves the child's best interests, often considering factors such as educational opportunities, family ties, and job prospects at the new location. The relocating parent must also propose a revised visitation plan that accommodates the new geographical realities.

The court evaluates the relocation request by examining how the move will affect the child's quality of life and their relationship with the non-moving parent. Legal advocacy is essential here, as an attorney can help present a compelling case supporting or contesting the move, and ensure that any new arrangements suitably reflect the child's needs and welfare.

Contact Our Bergen County Child Custody Attorney Today

To learn more about custody and to discuss which plans might work best for you, do not hesitate to speak with a member of our legal team today. Contact our child custody lawyers in Bergen County, NJ.

Related Pages

• Parenting Plans
• Modifying a Parenting Plan
• Holiday Custody Agreements