Custody battles have a  bad rep for being difficult and time consuming. Often following a divorce the struggle between two parents can become immature and vindictive, with one side attempting to shut out the other completely. Some situations may warrant seeking full custody, such as when one parent cannot care for a child properly. If you are in a battle for custodial rights, you may be worried about not being treated fairly and potentially losing the legal right to care for your child.

Pagliara Law Group understands that custody cases are  rooted in emotions.  

Fighting for Custody in New Jersey

Where custody is concerned, the courts always consider the best interests of the child. Legally, there are many elements to address, such as the type of custody being sought by both parents, visitation rights, and whether the parents will get along well enough to properly execute court orders.

Our experienced New Jersey custody lawyers can assist you in understanding and addressing the following elements of a custody battle:

• Types of Custody – It is essential to identify the type of custody you are seeking. Perhaps you only want the ability to weigh in on the child’s welfare, or maybe you are convinced that the child should live with you. See below for more information. 
• Custody Evaluations – The courts evaluate a number of factors when determining who would be best suited for child custody. Our skilled Jersey City custody lawyers can paint you in the best possible light to ensure you gain the custody rights you deserve.
• Custody Hearings – Custody hearings can be brutal, with the opposition claiming that you are an unfit parent in order to rob you of a future with your child. Let us prepare you for custody hearings so that you are fully equipped to combat any false claims or shady tactics. See below for more information, 

Complex Custody Issues

There are custody matters that arise after the initial court ruling is made. Custody arrangements can be modified in various ways, some of which can be devastating to both parents and children. In addition, third parties may demand visitation rights for the well-being of the child. 

• Modifying Custody – In many cases custody arrangements can be altered if one of the parents is able to prove that circumstances have changed.  See below for more information. 
• Relocating a Child – When one parent decides to move a child out of state, it can devastate the relationship between the child and the other parent. Protect your parental rights.
• Grandparent Rights – If you are a grandparent, you have the right to request visitations with your grandchild in the court of law. The relationship between a grandparent and a grandchild is essential for normal development. See below for more information. 

Child custody can be one of the most emotional and complicated issues in family law. While divorce or separation might end a romantic relationship, it does not end relationships with children. The type of custody arrangement a couple agrees upon or is decided by the court can drastically affect how parents care for their children in the future.

Factors Considered by the Court

Courts want to make decisions that are in the best interest of children involved in custody disputes. Under New Jersey law that means that all children should have frequent and continuing contact with both parents after they separate. Parents are directed to share all responsibilities as well. When making custody decisions, courts must consider factors to determine what is in the best interest of the child, which include:

• The willingness of parents to agree, cooperate, and communicate in issues regarding the child
• The willingness of the parents to accept custody and any history of unwillingness to allow parenting time
• The relationship and interaction of the child with parents and siblings
• Any history of domestic violence
• The safety of the child and the safety of either parent from abuse by the other parent
• The child’s preferences, if he or she is old enough and has sufficient capacity for reasoning to make informed decisions
• The child’s needs
• The stability of the home environment offered
• The continuity and quality of the child’s education
• The parents’ fitness
• The geographical locations of the parents’ homes
• The extend and quality of the time the parents spent with the child before or after the separation
• The employment of the parents
• The number and age of the children

Types of Custody Arrangements

Once the court evaluates the situation of both parents and the best interest of the child, it will issue a decision regarding custody arrangements. Custody arrangements always address the following:

• Physical or Residential Custody – A child lives with the custodial parent the majority of the time. The non-custodial parent may have visitation rights.
• Legal Custody – Legal custody refers to the authority to make major decisions regarding a child’s health, education, safety, and welfare.

Custody may be granted on a “sole” or “joint” basis. Sole custody gives one parent rights and responsibilities, while joint custody indicates that both parents equally share duties. If joint custody is awarded for residential or legal custody, the court will generally determine which parent is “primary” when making relevant decisions.

Custody Hearings

Child custody hearings can be complex and confusing. When the court steps in to resolve a dispute regarding custody or visitation, parents must often submit a myriad of documentation as well as evidence supporting their arguments. 

Types of Child Custody Cases in New Jersey

When a child custody or parenting time complaint is filed, the clerk will docket the case as either an “FD” or an “FM” case. FD cases are called non-dissolution cases because they involve parents who are not legally married or adults who are filing for court action on behalf of minor children. These cases may also involve parents who want to address custody issues outside of a divorce. However, if the custody issue arises as part of a divorce, then the court will designate it as an FM case. The court’s decision on custody would then be issued as part of divorce proceedings.

Initial Meeting with Court Officer

For FD cases, the court will first schedule a meeting between the filing party and a court officer from the FD Unit of the Family Division. This court officer is not a judge, but a professional who is authorized by the court to obtain official testimony and make recommendations to the court. If a resolution is attained and both parents agree, the court officer will report the results to the judge. However, if no resolution is attained with a court officer, then the case will be referred to a judge.

Custody and Parenting Time Mediation

When a case is referred to a judge, the judge may decide that the issues raised are appropriate for mediation. Mediation is a process where an impartial third party facilitates agreements between parents and other relatives with regard to custody and parenting time disputes. This process gives parties the opportunity to decide and develop a custody arrangement or parenting plan that everyone agrees on.

If an agreement is reached, the mediator will prepare a consent order outlining the terms of the agreement and will present that order for the judge’s signature. If there is no agreement reached, then the matter will be rescheduled with the judge for a hearing at a later time.

Proposed Custody Arrangement or Parenting Plan

Once a hearing is scheduled, the parties must then submit a proposed custody and parenting time/visitation plan to the court. This proposal should describe the arrangement that a party is requesting and explain why it is in the best interest of the child. You should work with an experienced family law attorney in preparing this proposal to ensure that it is complete.

Hearing

During the custody hearing, the judge will hear arguments from both sides regarding the issues. The judge will likely ask direct questions of both parties and review evidence. The judge must base decisions on the best interest of the child.

If either parent is accused of being “unfit” to care for the child, then the judge may order an investigation prior to ruling. During this investigation the Family Division will look at the character and fitness of the parties, the family’s economic condition, the financial abilities of both parents, the parties’ homes, and any relevant criminal records.

A judge may reach a decision during the initial hearing or may schedule subsequent hearings as necessary before issuing an order. Custody hearings can be extremely complex and involve many people and large amounts of evidence. It is beneficial to have legal assistance at every step of the process.

Modifying Custody

Disputes regarding child custody tend to be very contentious and emotional for everyone involved. While in an ideal world, child custody issues should be mutually agreed on by parents without the difficulty of litigation, this is often not the case. Even though custodial arrangements may have been agreeable at one time, parents may experience a change in circumstances that results in the need for modification.

Asking a court to grant a change of custody can be a complicated and drawn-out process. 

Substantial Change in Circumstances

To request a modification of custody or visitation arrangements, a parent has to show the court that there is a substantial change in circumstances that affects the child’s welfare. Additionally, the parent has to prove that modification would serve the best interests of the child. In making this determination for the child’s best interests, the court looks at many factors, including:

• Parental relocation to new geographic area
• Employment change
• Remarriage
• Drug or alcohol abuse
• Evidence of neglect or abuse
• Health of parents and other adults involved in care
• Change in living arrangement
• Ability of parents to care for the child

The court will consider whether these factors may substantially disrupt the stability of the life of the child. If circumstances threaten the safety and health of the child, custody is more likely to be altered.

Process for Modification

To request a change of custody or visitation arrangements, a parent must first file a motion with the court. The court may then try to facilitate a resolution to see if the parents can reach an agreement. It is important to remember that under New Jersey law the court has to consider the need for both parents to have frequent and continuing contact with the child unless that is contrary to the child’s best interests. If the parents can’t reach an agreement, then the court will schedule a hearing and consider evidence regarding the motion for modification.

Grandparent Rights

In New Jersey, grandparents have the right to seek custody and visitation with a grandchild in certain circumstances. Custody and visitation can give grandparents parenting time so that they can visit a grandchild during the day, in the evening or on the weekends.

If you are a grandparent who would like to obtain child custody or visitation, you should consult with us now.

New Jersey’s Grandparent’s Visitation Statue

New Jersey’s Grandparent’s Visitation Statute, N.J.S.A. 9:27.1 gives grandparents who reside in the state the right to apply for visitation. If you’d like to apply for visitation, you must prove that doing so is in the best interests of your grandchild. The court will take the following eight factors into consideration when determining whether visitation is in fact in the best interests of the child:

• The child and grandparent relationship
• The parent and grandparent relationship
• The time that has elapsed since the child last saw the grandparent
• The effect that such visitation will have on the relationship between the child and the child’s parents
• If the parents are divorced or separated, the time sharing arrangements which exist between the parents with regard to the child
• The good faith of the grandparent filing the application
• Any history of physical, emotional, or sexual abuse or neglect by the applicant
• Any other factors relevant to the best interests of the child

You will be responsible for proving that if your request for custody or visitation is denied, your grandchild will be harmed. Judges will look at testimony from others that show your grandchild will suffer if you visitation rights are not granted. They will also determine whether your grandchild is coping with the death of a parent or their parent(s) have a criminal history or abuse alcohol or drugs. Any significant changes to your grandchild’s home that arose during or after a separation or divorce will be accounted for as well.

The Process to Gain Custody and Visitation Rights

Once you decide that you’d like custody or visitation rights, you will be required to file a petition in the county court where your grandchild lives or in the court that is making custody and visitation orders for them. The petition will describe your current relationship with your grandchild and your proposed schedule for court-ordered visitation. In the event that you already have visitation rights or your grandchild’s parent is not allowing you to visit, you can ask the court to make changes to the order.

After you’ve filed your petition, you must notify the living parents of your grandchild. Prior to scheduling a hearing, the court will encourage you to come to an agreement with your grandchild’s parents.

Fight for Your Parental Rights

Custody battles can be stressful. You may be facing severe opposition when all you want is the right to spend time with your child or grandchild. If you believe that you are being treated unfairly in a fight for child custody, contact our  custody lawyers at Pagliara Law Group to see how we can help.