Helping You Maintain Access to Your Children
Child custody is often the most contentious issue in divorce cases. Even in the most complex cases, parents want what is in the best interests of their children, but they often have different ideas about what is best.
At Townsend, Tomaio & Newmark, L.L.C., in Morristown, New Jersey, our attorneys have the skill and sophistication to handle the complex issues involved in child custody and visitation. Contact us today to schedule a consultation with an experienced child custody lawyer.
Paying Attention to the Child’s Best Interests
In determining child custody and visitation arrangements, the legal standard is the best interests of the child. Even if the parents come to an agreement among themselves, the family court will investigate whether that agreement reflects the child’s best interests.
The general presumption under New Jersey family law is that it is in the best interests of the child to have a close, regular relationship with both parents.
There are some exceptions to this general rule. If a parent has been abusive, has problems with drugs or alcohol, or has a new spouse or partner with one of these problems, the court may restrict that parent’s involvement with the child.
Child custody and visitation decisions are supposed to be gender-neutral, regardless of the age of the child. We can advise you on the extent to which the courts in your area adhere to this standard.
Dividing Up Time While Supporting Parenting Relationships
Under normal circumstances, one parent will be given the responsibility for the child’s primary residence, and the other parent’s home will be considered the child’s alternate residence, with parenting time divided up according to a schedule. The two parents will normally have joint legal custody: an equal right to participate in decisions about the child’s education, health care and other important matters.
Child custody and visitation orders are subject to modification when the underlying circumstances change. For example, if the parenting schedule is becoming unworkable or one parent overcomes a personal problem, the courts can change the arrangement. If a parent wants to relocate out of state, this may also require court approval.
If you have any concerns about child custody and visitation, don’t hesitate to contact us. We serve clients in North and Central Jersey, including the counties of Morris, Somerset, Essex, Union, Hunterdon, Bergen, Passaic, Sussex, Warren, Mercer, Middlesex and Monmouth.
