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.
Custody and visitation share much in common, but have many differences. Parental rights distinguish someone with visitation from someone with custody, and the two terms cannot be interchanged. Don’t be confused by the overlapping legal definitions or individual types.
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.
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.
Our Toms River Child Custody Lawyers helped a client regain her parental rights today in Ocean County Superior Court. The client was facing a tough DYFS case at the same time her divorce case was going on. As a result of her cases being mismanaged by a prior attorney, her case was a total mess. In fact, these cases appeared hopeless from the surface. However, when our lawyers see a tough case, we get tougher.worked non-stop to fight against the non-stop allegations from her husband, the law guardian and DYFS. The judge was a second away from putting the client in in-patient but we prevented it from happening.continued to fight hard and at the next court appearance, we got the DYFS case dismissed and as a result, the client’s visitation was no longer supervised.
Client was accused of abusing alcohol and prescription medication at the same time. As a result, the mother filed an order to show cause to prevent him from having parenting time and it was successful. His visitation was limited to just a few hours at healing hearts. Making matters worse was that the mother had the top law firm in the area backing her up. Since we back down to no one, we fought heard to show that the allegations were baseless. Within a few weeks, our client’s parenting rights were restored and the client has referred a number of friends to our firm since.