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Why and How to Order a Change of Custody or Visitation in New Jersey
By finally coming to a custody agreement, you’ve walked a delicate tightrope to balance the schedules and needs of everyone in your family. Perhaps you needed a court to intervene in your contentious relationship and settle everything. However, when circumstances change and something isn’t working, you might find yourself needing to change your parenting time arrangements.
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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.
Don’t be intimidated by the courtroom. We’ve got your back.
What to Expect During a Child Custody Assessment in New Jersey
New Jersey Child Custody Dispute Resolution Process
A child custody dispute that parents or other interested family members cannot resolve land in front of a New Jersey family court judge, and may be sent to a custody and parenting time mediation program. In this resolution process, an impartial third party mediates the parents’ custody and parenting time disagreements, giving them the opportunity to develop a plan together.
We know the ins and outs of the courtroom.
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.
Only specific criteria will convince a New Jersey family court to declare a parent to be unfit.
Filing for Child Custody in New Jersey
How to file for custody in NJ
To request custody of your child, you need to file documents to petition the court and make your case before a family court judge. The process to file for custody of a child in New Jersey can vary between jurisdictions, and a judge could issue penalties or dismiss your case outright if any part is filed incorrectly. Make sure to fully understand how the law works in the county where your child lives.
Gather your supporting documents when filing for child custody in New Jersey.
New Jersey Common Child Custody Questions
How do I file for custody of my child?
What type of custody is right for my family?
What is the difference between custody and visitation?
What are the custody laws for unmarried parents?
What should I expect during a custody battle?
How does a family court decide custody?
How do you prove a parent to be unfit?
Can we change custody or visitation arrangements?
How do I find the right custody attorney in NJ?
The Law Offices of Jef Henninger, Esq. fields a successful team of hardworking New Jersey family court pros. Our child custody lawyers know the ins and outs of the NJ family court system, and will deploy the best strategies in order to get your family back on track. Call us at 1-855-9-JEFLAW any time to discuss your case during a free consultation.
Seeking custody after divorce brings up many questions for your lawyer.
How to handle a parent that signs a child up for activities that limit the other parent’s visitation in NJ
Its amazing how many activities children are in these days. There seems to be an endless supply of sports, clubs, meetings and other activities that keep children occupied constantly. This presents a problem when the custodial parent signs up the child for an activity that interferes with the other parent’s visitation. Of course, it is preferable if both parents communicate and agree on the child’s activities but this isn’t always the case.
In Wagner v. Wagner, 165 N.J. Super. 553 (App. Div. 1979), the Appellate Division was faced with a mother who enrolled the children in Hebrew school without the consent of the father. The problem was that the time of the Hebrew school interfered with the father’s parenting time. The Appellate Division found that alternatives had not been fully explored and remanded the matter for a plenary hearing. The Court noted that parenting time is so important that the court should hold a hearing to establish to fashion a plan of parenting time more commensurate with the child’s welfare.
Unfortunately, some people just accept the other parent interfering with their parenting time by signing the child up for a number of activities. Don’t let it happen to you. Call the team of tough, smart New Jersey parenting time lawyers today.
Holding the other parent in contempt of court for interfering with parenting time in NJ
A contempt proceeding should be brought under R. 1:10-2 against the other parent for interfering with parenting time. Under R. 1:10-3, monetary sanctions are available. Often times, lawyers will file a motion to enforce litigant’s rights and simply ask the Court to verbally scold the other parent. I view these case as dealing with any other bully. The best way to get a bully to back down is to stand up for yourself and punch them in the mouth. Clearly, assaulting the other parent is not advisable but standing up for yourself in court and using the court to deliver a serious blow to them will often get them to back down.
Now I’ve heard every excuse in the book as to why the other side will not listen to any court order. In fact, I find it odd that people would call a lawyer only to tell the lawyer that the other side cannot be defeated. Why call the lawyer in the first place? Quite often, the prospective client has handled the case on their own or did not have an aggressive lawyer in the past. I cannot think of any case that our firm has handled where we could not help our client get parenting time unless the parent was involved with DYFS. Even with serious DYFS allegations, we can almost always get the client some visitation.
Thus, if you want to enforce your parenting time and teach the other side that you will not back down, speak to one of our tough, smart lawyers about filing a motion to hold the other parent in contempt.
NJ Child Custody Attorneys 