Child custody is one of the most sensitive issues to resolve when couples are divorcing. Even when spouses are on reasonably amicable terms, disagreements can easily arise about custody that threaten to derail divorce proceedings and are detrimental to your child.
If you believe you are headed to a custody dispute, knowing how to better navigate it can smooth the process going forward. A crucial step is to educate yourself about the legalities in New Jersey when it comes to how child custody decisions are made. The child’s best interests are the top consideration under the law, whether parents reach an agreement between themselves, or a judge makes the determination for them.
In any custody situation, you increase your likelihood of a more favorable outcome with the support of a knowledgeable New Jersey divorce lawyer.
HOW A LAWYER CAN HELP WITH CHILD CUSTODY
Experienced attorneys dedicated to practicing in divorce and its related issues have unique insight into the many different variables that can arise during child custody proceedings. They understand the intricacies of custody law in the state and the individual factors that can sway a judge’s decision one way or another. Your lawyer can help with child custody by providing legal guidance and advocating on your behalf during negotiations between you and the other party, or by representing you in court if your case goes to litigation.
No matter what type of custody arrangement you are pursuing—whether joint or sole—your attorney’s job is to get you the best possible outcome for the particular circumstances while looking out for your child’s well-being. If you and the other parent are in dispute about a post-divorce modification, your attorney will advise you about steps to change or defend the existing custody order.
NEGOTIATING A CHILD CUSTODY AGREEMENT
Parents who can put aside their differences for the benefit of their children may be equipped to reach agreement on custody. Agreeing takes a genuine willingness to set aside the desire to win and instead to focus on compromise so that children come out the winners.
There can be a lot of back and forth in negotiating custody. But coming to terms between yourselves gives you better control of the outcome, instead of leaving it to a judge who does not know your child or your family circumstances the way you do.
Once you and your spouse agree, you will capture your negotiated agreement in a parenting plan that your attorney can assist you in drafting, sign it, and present it to the court. The court will review it and, once approved, it will become the final custody order and part of your divorce settlement.
THE ROLE OF MEDIATION IN CUSTODY CONFLICTS
Sometimes negotiations can reach a standstill. In these cases, mediation may be used to help move the process along and allow parents another chance to resolve differences outside of litigation. Mediation involves a neutral third party who does not make decisions for you. Instead, they work to guide you toward agreement. A mediator cannot give legal advice. However, if your custody dispute goes to mediation, your attorney can attend sessions and provide you with legal counsel.
HOW THE COURT DECIDES CHILD CUSTODY
Reaching agreement between yourselves is generally less stressful, time consuming, and expensive than going to court. However, it is not always possible, depending on relationships between spouses and overall circumstances.
If you cannot resolve the custody dispute on your own and with the help of your respective attorneys, and possibly a mediator, a New Jersey judge will make custody and visitation decisions for you. The judge will decide both legal custody and residential custody.
Legal custody concerns who has authority to make major decisions for the child, such as about healthcare and education. Typically, the court wants both parents to have this authority, unless the judge believes there is a reason one of the parents should not be involved in decision-making for the child. Residential or physical custody involves who the child lives with. Residential custody could be equally shared between parents, or one parent could have primary physical custody with the other having visitation rights. There are various types of custody arrangements depending on all the circumstances. In some cases, a parent may have no custody or visitation rights at all if they have been found to be unfit or abusive.
BEST INTEREST FACTORS IN CHILD CUSTODY CASES
Factors the court will consider in determining an arrangement include the following:
- Parents’ ability to agree, communicate, and cooperate in matters related to the child
- Parents’ willingness to accept custody and any history of unwillingness to allow parenting time
- The interaction and relationship between the child and its parents and siblings
- The safety of the child and of a parent from physical abuse by the other parent
- Whether there is any history of domestic violence
- The needs of the child
- The fitness of the parents
- The stability of the home environment.
You can read about how judges make custody decisions and see the complete list of criteria they will review at N.J.S.A. 9:2-4.
CONTACT AN EXPERIENCED NEW JERSEY CHILD CUSTODY LAWYER FOR HELP NAVIGATING YOUR DISPUTE
Child custody disputes can be contentious. When they are not properly handled, they can cause irreparable damage between you and the other parent, which can make it more difficult to effectively co-parent your child following divorce. The damage to your child may also be significant if they are exposed to rancor between parents.
While it is not always possible for divorcing parents to reduce the prospect of a child custody battle, engaging a skilled lawyer is a crucial first step. With the right legal support and guidance, it is possible to navigate custody decisions so that all parties emerge from the ordeal as unscathed as possible.
At [MFR] Men’s & Fathers’ Rights Divorce Lawyers in Hackensack, our attorneys always seek to resolve child custody disputes in the least conflict-filled way possible while also protecting our clients’ rights. Call our office today to arrange a confidential case evaluation at (201) 880-9770.
