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.
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.
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.
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.
T.S. Warren County Child Custody Case
Our Warren County Child Custody Lawyers helped this client in her divorce case. A few months later, the father filed a motion for joint legal custody and other relief. Our child custody lawyers fought hard against the father’s motion. We called it what is was – harassment. Luckily, the court denied his entire motion. We showed him that our client would not be harassed by his frivolous motions. If you are being harassed by frivolous child custody motions in any court in New Jersey, call our team of tough, smart lawyers today to discuss your case.
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.
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.
This was very difficult because our client went to court without a lawyer and got a final restraining order against him. Adding insult to injury was that he filed a number of frivolous motions which not only upset the judge but it made him look crazy. This in turn led to an award of counsel fees to the other side. Speaking of the other side, they had one of the top local law firms on their side. Thus, the cards were stacked against us. Although it took about 6 months, we chipped away at the case little by little, steadily making progress. My client went from having almost no visitation to supervised visitation to unsupervised visitation on a regular schedule. This despite the incredible resistance that the other side constantly put up including weekly allegations against our client.