The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
Of all the issues that must be addressed during a divorce or separation in New Jersey, child custody tends to be one of the most contentious and complex. It is important to note that whatever agreement you do come to has to be approved by a court, and if you cannot agree, the court will make one for you without necessarily taking your wishes into account.
Put simply, child custody proceedings are not something you should try to handle without the assistance of a qualified family attorney. Help from a seasoned Piscataway child custody lawyer could dramatically boost your chances of securing a custody arrangement that serves you and your child’s best interests and getting through this legal process as quickly and efficiently as possible. Contact our firm today to learn more about how Jennifer Marshall, our knowledgeable family attorney, could help you.
There are two types of custody a court can grant to a child’s parent or guardian: physical custody and legal custody. Physical custody is what people generally think of when they think of “child custody”—namely, which parent a child mainly lives with, and what custody or visitation schedule the other parent has. Legal custody is a parent or guardian’s right to decide where a child goes to school, what religious services they attend, and what kind of medical treatment they get.
Courts can grant each type of custody “jointly” between both parents or “solely” to one parent. If a court grants joint physical custody to both parents, that means the child will alternate living between each parent’s home, but it does not always mean that each parent will have an exactly equal amount of custody over that child. Likewise, “sole” physical custody does not mean that one parent never gets to see their child, but rather that the child will live primarily with one parent and the other will generally have “parenting time”—New Jersey’s word for “visitation”—on a set schedule.
Most of the time, courts will grant joint legal custody to both parents, but there are situations when a court may grant sole legal custody to one parent, such as when the other parent previously abused or neglected their child. Jennifer Marshall, a Piscataway child custody attorney, can explain what kinds of custody a court might grant in a specific situation during an initial private meeting.
In New Jersey, both parents generally have the right to seek custody and parenting time, regardless of their marital status. This means that even if you were never married to your child’s other parent, you still have the right to be involved in your child’s life and to petition for custody or visitation. Understanding these rights is the first step toward protecting your relationship with your child.
Parents also have the right to participate in major decisions about their child’s upbringing, such as their education, healthcare, and religious practices. This is often referred to as legal custody, and courts typically prefer to grant joint legal custody unless there are significant reasons not to, such as a history of abuse or neglect.
It’s important to remember that courts will always prioritize what is best for the child over the preferences of either parent. That’s why having an experienced Piscataway child custody attorney by your side is important.
Courts generally prefer that parents create and agree on a child custody arrangement that works for them and, more importantly, serves their child’s best interests, and then submit that agreement to the court for approval. If parents cannot reach an agreement on their own, the court can establish a custody order based on factors like:
Our child custody attorney serving Piscataway could help emphasize certain factors over others during a child custody court hearing.
In New Jersey, the “best interests of the child” is the guiding principle in all custody decisions. This standard ensures that the court’s primary focus is on what will most benefit the child’s physical, emotional, and developmental well-being.
Courts consider a wide range of elements when making custody decisions, including the child’s age, health, and specific needs. They also consider the stability of each parent’s home environment, each parent’s ability to provide for the child’s physical and emotional needs, and the child’s relationship with siblings and other family members. In some cases, the court may even take the child’s own preferences into account, provided they are old enough to express a reasoned opinion.
Our child custody lawyer in Piscataway can help you highlight the factors that work in your favor and address any potential challenges, so that your case is presented in the strongest possible light. By understanding how courts approach these decisions, you can better prepare for the process and work toward a custody arrangement that truly serves your child’s best interests.
Mediation can be a valuable tool for resolving child custody disputes without the need for a lengthy and contentious court battle. During mediation, both parents work with a neutral third-party mediator to negotiate and create a custody arrangement that works for everyone involved. This process can save time, reduce stress, and allow parents to maintain more control over the final agreement.
Our Piscataway child custody team can guide you through the mediation process, so your rights and your child’s best interests are protected. If mediation is not successful from the other side, Jennifer Marshall is prepared to be your one-two punch in court.
Life circumstances can change, and sometimes an existing custody order no longer serves the best interests of the child or the parents. Whether you need to adjust a custody schedule due to a new job, relocation, or changes in your child’s needs, it’s important to follow the proper legal process to request a modification.
Our experienced Piscataway child custody attorney can help you petition the court for a modification or defend against an unfair request for changes. We’ll work to ensure any updates to your custody arrangement reflect your child’s current needs and your family’s situation.
Child custody negotiations can be stressful for everyone involved, even if you and your child’s other parent are broadly on the same page about your preferred custody arrangement. If there are disagreements between you two, seeking help from skilled legal counsel may be crucial to securing a favorable final result, either through private mediation or a court hearing.
Jennifer Marshall could be an irreplaceable ally from start to finish of this process. Call today to learn more from a qualified Piscataway child custody lawyer.
The Law Office of Jennifer Marshall, Esq.
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