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.
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.
Passaic County Child Custody Lawyers help client defeat motion to change custody
This client made a real mess out of her situation. She had been handling her case without an attorney for years and she made a lot of wrong moves that could have cost her custody of her children. The father sought to change custody and to remove the children to another state. In addition to dating a boyfriend that was a sex offender, the client also had DYFS (now DCPP) involvement and was alleged to have a drug problem. Nevertheless, our lawyers fought back hard against the motion and it was completely defeated. The father stormed out of court in anger.
This once again shows that this firm handles both sides of custody matters.
T.M. Gloucester County Child Custody Motion
In this case, the client was facing a motion from the father of the child for increased visitation in Gloucester County Superior Court (Woodbury). She was very nervous because she wanted to protect the child from the father. She wasn’t sure what she wanted to do but we assured her that if we fought the case hard and shut it down, she could then be in complete control of the parenting time schedule instead of having it forced upon her. This allows her to protect her child much better since the father had a history of drug use, unstable housing and criminal activity. While it involved a lot of work, we were able to shut down the father’s motion for increased visitation.
If you have a child custody issue that you need help with, call the team of tough, smart Gloucester County Child Custody Lawyers today.
This case was the battle that would never end but it also proved that this firm never backs down. We were the fifth law firm on the case. Most lawyers will never be the second lawyer on a case, let alone the third, fourth or fifth. While we are skeptical about being the fifth law firm on a case, we never take such hard positions and we are thankful we didn’t do that here. This client wound up being one of our best clients ever. This case went on for five years and we really got to know the client, the child and her family. It was a blessing to be involved in their lives.
In addition to being the fifth law firm in the case, this case was tough because the other side had one of the best law firms in the state. They were relentless in their pursuit for their client but we back down to no one. No one scares us. The case involved a father that had a number of mental health problems that posed a danger to a special needs child with very severe health problems. Despite all of his challenges and setbacks, the child was a sweetheart and we fought hard for him and our client. The Court was against us from the start. It didn’t help that the client made a number of outbursts prior to our involvement with the case.
After about a year into the case, we filed a motion so big it weighed several pounds. In the end, it was denied but we filed an appeal. The Appellate Division heard oral argument and we battled back the panel of judges that questioned us on the case. The other side was very confident that we would lose. Of course, we won. We then set the case up for a trial. We had some of the top experts in the state on our side and we continued the fight in advance of trial. These cases sometimes come down to a war of attrition and in this case, the other side caved in and we worked out a settlement some six years since the case began and five years since our involvement in the case. This was easily one of our favorite victories of all time both because of the hell we all went through and the sweet child that grew up in front of our eyes during the battle.