Category Archives: Practice Areas

How Does New Jersey Family Court Decide Custody?

New Jersey parenting plans are designed to make life easier for the children involved. Child custody can be established by a judge if parents can’t agree, but it is always best if parents work together on the details. When parents agree on a child custody calendar, New Jersey family courts will honor their parenting plan unless it is not in the child’s best interest.

The family lawyers at the Law Offices of Jef Henninger, Esq. knows how to win at court

Don’t be intimidated by the courtroom. We’ve got your back.

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What Happens During a New Jersey Child Custody Evaluation?

If a previous custody resolution process like an assessment or mediation yields no solution, the court may order a full child custody evaluation at the parents’ expense. Parents may agree to a single evaluator or each retain their own separately, and the court may also order a neutral evaluator.

Our custody lawyers keep your children happy

It is important to your family’s happiness that you succeed in navigating custody with your child’s other parent.

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How Do You Prove a Parent to Be Unfit?

Courts distinguish marital faults from misconduct that indicates an unfit parent. In other words, proof of a horrible spouse does not automatically deem that spouse an unfit parent, and seeking custody doesn’t have to eliminate parenting time. Although no one is legally required to parent perfectly, the court can decide that the dangerously imperfect are unfit.

Protect your child from harm with the help of Jef Henninger

Only specific criteria will convince a New Jersey family court to declare a parent to be unfit.

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What Are the Custody Laws for Unmarried Parents in NJ?

Unmarried parents routinely have the same custody, support, and visitation problems that married ones have. Establishing paternity is vital in nondissolution custody cases, when unmarried partners separate. New Jersey family courts make no assumption about a father’s identity when an unmarried woman gives birth.

Unmarried parents divorce lawyer in New Jersey.

Divorce lawyers in New Jersey also help parents who never signed a marriage certificate.

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NJ Divorce Lawyers

In New Jersey, the fight over child custody is often the central focus in a divorce case. Of course, the battle become even more complicated when you also have to fight many smaller battles over financial issues at the same time.  Some lawyers fail to plan for the custody battle, perhaps hoping that same will settle at some point or that it will drag on thus increasing the legal fees.  As the old saying goes, when you fail to plan you plan to fail.  Are you confident that your divorce attorney has a plan to win the custody battle?  If not, how can you hope to have any chance of success?

If your New Jersey divorce case involves custody or parenting issues, you need a team of lawyers that can help you get the results that are best for you and your family.  Our team of tough, smart NJ divorce attorneys will help you set up a plan from the start.  We know how to set up the case for victory from the very beginning.  By making moves early and often, our lawyers have found that trials can be avoided.  After all, if the other lawyer believes that we are more prepared for the custody battle, their own confidence may be severely shaken. As a result, instead of losing at trial, most lawyers will seek to settle.

While child custody may be the primary focus of your divorce case, your family deserves the best outcome for the entire divorce case.  Thus, our lawyers can help you fight the battle on many fronts.  While we are working on the custody and parenting time issues, we will also work on the financial issues that are important to you.  It doesn’t matter how complex the case is.  We are the aggressive attorneys you want in your corner, especially when the going gets tough.  Call us anytime to discuss all of the issues in your divorce case.

New Jersey Divorce Attorneys

New Jersey Domestic Violence Attorneys

NJ Domestic Violence Lawyers

Domestic violence charges will likely impact your parental rights. While our courts have recognized that litigants can use domestic violence allegations to get an advantage in custody and family court matters, courts can still be all too ready to grant a final restraining order. When a FRO is granted, there is a presumption that is very difficult to overcome that you will not get custody. In fact, many people with an FRO have supervised visitation. Furthermore, the F in FRO really does stand for final which means that there is no expiration date. It is just as valid 20 years from now as it is today. Thus, your parental rights could be impacted forever. When its all on the line, you need a team of tough, smart NJ domestic violence lawyers that will protect you and fight back against false allegations.

Most divorces and other family court matters settle. Thus, some New Jersey family law attorneys may have very little trial experience. Furthermore, most family law attorneys in New Jersey do not handle criminal cases, at least not on a regular basis. Thus, when you are looking for a  New Jersey law firm to handle your domestic violence matter, be sure to select a law firm with recognized experience. You need a team of tough, aggressive lawyers that have many trials under their belts. Our battle tested domestic violence defense lawyers know that it takes to win. Call us today to see how we can help you. Let us come up with a plan to crush the case against you!

New Jersey domestic violence lawyers

NJ DYFS Allegations

DYFS Allegations in New Jersey

DYFS allegations can seriously impact your parental rights. DYFS (now known as DCPP) can order you to have supervised parenting time or even worse, they can remove the children from your home and place them in foster care. Most people don’t realize that they need a New Jersey DYFS lawyer until its too late. The time to call a New Jersey DYFS lawyer is the first time you hear anything about DYFS. Waiting to see what happens until you call an attorney could cause a ton of problems and cost you more money. Hiring an attorney to help make DYFS get out of your life is often cost effective compared to a full blown DYFS case in court.

What most people don’t realize is that dealing with DYFS is a very specilized area of law and most family law attorney, even the good ones, have little to no experience with DYFS. Fortunately, some of them will be honest and tell you that while others will not. At the Law Offices of Jef Henninger, Esq, we are one of the few law firms that have experience in both custody and DYFS matters. There is no reason for you to hire two lawyers! We can do it all for you. Call our aggressive New Jersey DYFS lawyers today to discuss your case.

New Jersey Parenting Time & Child Visitation Lawyers

NJ Parenting Time Attorneys

Parenting time in New Jersey, also referred to as visitation, is very important to the non-custodial parent. After all, how can you be an involved parent if you don’t get to see your child that much? Obtaining your desired parenting time schedule can be difficult without a NJ parenting time lawyer because there is little case law directing what your schedule should be. Therefore, it is usually left to the Court’s discretion. As a result, your lawyer will have to often get creative to show the Court that the schedule you want is in the child’s best interest.

 

Our team of aggressive New Jersey visitation lawyers will put together a great motion for you. Our attention to detail helps us stand apart from our competition. When we say that we fight for you, we mean it. While our NJ lawyers attempt to mediate and negotiate when possible, we consider this a fight. You want our parenting time lawyers to get the job done and you don’t want someone that is afraid to put it all on the line. It doesn’t matter what county the court is in, who the judge is or who the other attorney is. Our team of parenting time lawyers backs down to no one.

 

Let us help you get the results that you want! Call now to get a free consultation with one of our NJ parenting time attorneys. We’ll find out what you are looking for and discuss how we can help you.

New Jersey Child Custody Lawyers

New Jersey Child Custody

When most people call a lawyer for custody issues in New Jersey, they are generally speaking about physical custody. Fighting over legal custody is rarely an issue but it does happen. Click here to learn more about legal custody. The focus of any custody battle in New Jersey will be the best interests of the child. We say custody battle because our attorneys approach every case as if it is a battle. Fortunately, some cases can be resolved without resorting to expensive litigation through mediation and negotiation. However, our team of tough, smart New Jersey custody lawyers have found that the preparation done for a custody battle can often convince the other side to settle the case in our client’s favor.

Gone are the days where the gender of the parent will play a key part in the Court’s decision. Instead, the Court’s decision will be based upon evidence and argument. Thus, having a team of NJ custody attorneys to bring the evidence together and make the tough arguments can vastly improve your chances of getting the result you want. Our child custody lawyers are objective and we will never just tell you what you want to hear. This policy does cost us business as prospective clients will skip us and call other attorneys who will yes them to death. We would rather not have those clients as we would be doing a huge disservice to them if we did not give it to them straight.

The start of your custody case will depend on the status of the case itself. Is this child custody case just starting out due to a divorce, separation or the birth of the child? Are you seeking to change custody by filing a motion in Superior Court? Or are you switching attorneys in the middle of a custody battle already in progress? While the start of your relationship with us will depend on the status of the case, one thing will not change: we need to come up with a battle plan right away. If there are roadblocks in the case, we need to come up with a plan to move them out of the way. Once out of the way, we can go on offense and fight to get the custody arrangement that you want.

Call us anytime to discuss your custody matter and how our team of NJ child custody lawyers can help you.