Child Custody: Filing In New Brunswick, Nj

If you are looking to file for child custody in New Brunswick, New Jersey, it is important to first understand the different types of custody arrangements available in the state. Child custody laws in New Jersey are similar to those in other states, but there are some distinct differences to be aware of. There are two parts to child custody: legal and physical. Legal custody refers to the parent who has the right to make decisions regarding the child's medical care, education, and religion, while physical custody refers to where the child resides. In New Jersey, the courts tend to favour joint legal and physical custody arrangements, believing it is in the child's best interest to have a relationship with both parents. However, sole custody may be awarded if it is proven to be in the child's best interest, such as in cases of domestic violence or substance abuse by the other parent. It is recommended to consult with a lawyer experienced in New Jersey custody laws to guide you through the process and protect your parental rights.

Legal vs. physical custody

If you are seeking to file for child custody in New Brunswick, NJ, you will need to do so at the Middlesex County Superior Court. This is the correct court for filing for child custody if you reside in New Brunswick.

Now, let's discuss the difference between legal and physical custody.

Legal Custody

Legal custody refers to the parent who has the right and responsibility to make major decisions on behalf of their child. This includes decisions regarding the child's education, health, safety, daycare, religion, and overall well-being. Legal custody can be either joint or sole. In joint legal custody, both parents are involved in making these important decisions for the child. On the other hand, sole legal custody grants one parent the full legal right and responsibility to make these decisions without the need to consult their former partner.

Physical Custody

Physical custody, on the other hand, pertains to where the child will reside and which parent the child will live with. Like legal custody, physical custody can also be either joint or sole. In joint physical custody, the child's time is split between the parents' residences, with the specifics of this arrangement varying depending on the situation. In sole physical custody, the child primarily resides with one parent, who is often referred to as the custodial parent, while the other parent is typically granted visitation rights or parenting time.

It is important to note that these arrangements are not set in stone and can be modified by petitioning the court, as circumstances, needs, and resources can change over time.

Sole vs. joint custody

When it comes to child custody, there are two main types: legal custody and physical custody. Legal custody refers to a parent's authority to make important decisions about their child's upbringing, such as healthcare, schooling, and religious rearing. Physical custody, on the other hand, refers to the rights and responsibilities of a parent to house and take care of a child daily.

Sole vs. Joint Legal Custody

Legal custody can be either joint or sole. Joint legal custody means that both parents have a legal responsibility to make major decisions regarding their children. This typically involves both parents participating in the decision-making process. However, in some cases, joint legal custody may not be granted if the parents are unable to cooperate and make decisions together or if one parent is deemed unfit or incapable of making decisions.

On the other hand, sole legal custody means that only one parent has the right to make significant decisions for the child without consulting the other parent. This may be granted if one parent has historically made most of the major decisions or if the other parent is not actively involved in the child's life.

Sole vs. Joint Physical Custody

Physical custody can also be either joint or sole. Joint physical custody allows both parents to have maximum involvement in their children's lives and typically results in the child spending substantial time with both parents. However, this does not necessarily mean a 50/50 split, as that may be detrimental to the child. Instead, the child may live predominantly with one parent (known as the "custodial parent") and have regular visits with the other parent (the "non-custodial parent").

Sole physical custody means the child will primarily reside with one parent, who is recognised as the primary guardian. The other parent may be granted visitation rights, unless it is deemed not to be in the child's best interest. This may occur if one parent lives too far away for the child to split their time safely and comfortably or if one parent is unable to provide a safe living environment.

Mixed Sole and Joint Custody

In some cases, a court may grant a combination of joint and sole custody, with one parent having sole physical custody while both parents share joint legal custody, or vice versa. The court will evaluate each case based on its unique circumstances and determine what is in the best interest of the child.

Child's best interests

When determining the best interests of the child, New Jersey courts will look at the child's "physical, mental, and emotional well-being". The state's custody laws are similar to those in other states, but there are some differences to be aware of.

Types of Custody

Firstly, it's important to understand the two types of custody: legal and physical. Legal custody refers to the parent who has the right to make decisions regarding the child, including medical, educational, and religious choices. With legal custody, parents can either have joint or sole custody. In the case of joint legal custody, parents will share the decision-making process equally. On the other hand, sole legal custody means that one parent has the final say in decisions concerning the child.

Physical custody, also known as residential custody, refers to where the child resides. Joint physical custody involves the child splitting their time equally between both parents, which can be arranged in various ways, such as an alternating weekly schedule. In the case of sole physical custody, the child primarily resides with one parent and may have visitation rights with the other.

Factors Affecting Custody

When determining the best interests of the child, New Jersey courts consider a variety of factors listed in N.J.S.A:S 9.2-4. These include:

• The parents' ability to agree, communicate, and cooperate in matters relating to the child
• The parents' willingness to accept custody and any history of unwillingness to allow parenting time without a valid reason
• The relationship of the child with its parents and siblings
• The history of domestic violence or abuse
• The preference of the child, if they are of sufficient age and capacity to form an intelligent decision
• The needs of the child, including the stability of the home environment and the quality of their education
• The fitness of the parents
• The geographical proximity of the parents' homes
• The amount of time spent with the child before or after the separation
• The parents' employment responsibilities
• The age(s) and number of children

Decision-Making

It's important to note that New Jersey courts have the final say in custody arrangements, even if the parents have agreed on a plan. The court will typically approve such arrangements unless the judge determines that they are not in the child's best interests.

While the ideal scenario is for both parents to agree on what is best for their children, this is not always possible. In cases where parents disagree on custody issues, the court may first order mediation to avoid a trial. If mediation is unsuccessful, the judge may order a custody evaluation by a mental health professional to help determine the best custody arrangement for the child.

The concept of the "best interests of the child" stems from a United Nations Convention and is applied in all states. While there is no exact definition of this term, New Jersey courts aim to prioritize the child's growth and development and ensure their physical, mental, and emotional well-being.

Child support

When determining child support, there are two parties involved: the custodial parent and the non-custodial parent. The custodial parent, or payee, is the parent with whom the child lives and who takes care of their day-to-day needs. The non-custodial parent, or payor, is the child's other parent, who typically have visitation rights and help make important decisions.

Even if a parent has no legal or physical custody rights to the child, they may still be ordered to pay child support to the other party. On the other hand, parents who share joint custody of the child may choose to deviate from the traditional child support formula since both parties will incur similar expenses related to caring for the child.

In New Jersey, the Child Support and Social Service Office in New Brunswick works to enhance the well-being of children by locating non-custodial parents, establishing paternity, and establishing and enforcing support orders. They also modify orders when appropriate, collect and distribute child support payments, and refer parents to other social service programs. These programs promote parent accountability, self-sufficiency, and reduce the public's responsibility for providing financial and medical support to children.

The address of the Middlesex County Family Courthouse in New Brunswick is 120 New Street, P.O. Box 2691, and the phone number is 1-877-NJKIDS1 (1-877-655-4371).

Child custody lawyers

If you are filing for child custody in New Brunswick, New Jersey, you may need to consult a child custody lawyer. Child custody disputes can be difficult to navigate, and it is important to have an experienced professional on your side who can protect your rights and help you resolve conflicts. Here is some information about child custody lawyers in the New Brunswick, NJ, area:

Child Custody Laws in New Jersey:

Before filing for child custody in New Jersey, it is important to understand the state's child custody laws. In New Jersey, there are two parts to child custody: legal custody and physical custody. Legal custody refers to the parent's decision-making rights regarding the child's medical care, education, and religion. Physical custody refers to where the child resides and how time is split between the parents.

New Jersey courts tend to favor joint legal and physical custody arrangements, believing that it is in the child's best interest to have a relationship with both parents. However, there may be circumstances where sole custody is deemed more appropriate, such as in cases of domestic violence, substance abuse, or if one parent has been the primary caretaker.

Factors Determining Child Custody in New Jersey:

When determining child custody, New Jersey courts will always pursue a solution that is in the best interest of the child. Some factors that a judge will consider include:

• Interaction of the child with parents and siblings
• Stability of the home
• Parents' physical and mental health
• Employment responsibilities
• History of domestic violence or substance abuse
• Child's preference for residence (for children 12 years and older)

Benefits of Hiring a Child Custody Lawyer:

Hiring a child custody lawyer can provide several benefits. Here are some reasons why you may want to consider hiring a child custody lawyer:

• A child custody lawyer can help you navigate the complex legal system and understand your rights and responsibilities.
• They can assist you in developing effective communication strategies with your ex-partner and mediate between you to find common ground for the benefit of your child.
• A lawyer can help you present a strong case in court and advocate for your child's best interests throughout the legal process.
• They can guide you through the process of modifying an existing child custody order if circumstances change.
• A child custody lawyer can also provide support and resources to help you make informed decisions and feel less anxious during the procedure.

Examples of Child Custody Lawyers in the New Brunswick, NJ, Area:

• Tournour Law: Located in East Brunswick, this law firm has experience in family law matters, including child custody and visitation rights.
• Breslow Law Offices: Serving multiple counties in New Jersey, including Middlesex County, this law firm has over 45 years of combined experience in family law matters such as child custody, child support, and divorce.
• Tanya L. Freeman, Attorney at Law: With offices in Paramus and East Hanover, New Jersey, Tanya L. Freeman and her team have experience assisting parents in resolving child custody disputes and navigating the complexities of New Jersey's family law.
• DeTommaso Law Group, LLC: This law firm has experience in all aspects of child custody law in New Jersey and can provide guidance and compassion to clients going through difficult times.
• Villani & DeLuca: With offices in Point Pleasant Beach and Red Bank, New Jersey, Villani & DeLuca has skilled and compassionate attorneys who can help you fight for custody of your child and present a compelling case to protect your parental rights.

Remember to do your research, read reviews, and schedule consultations to find the best child custody lawyer for your specific needs and situation.

Frequently asked questions