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.
Client wanted to terminate the father’s legal custody because he was in prison and he was using his rights to harass her. We filed a motion and the other side fought us hard even though he was in prison. However, we came up with a long list of arguments for our client and in the end, the court sided with us. As a result, the father cannot sit in prison and harass our client any longer.
This was a tough case because my client had been the non-custodial parent for years. After the mother was put in jail for pending charges, a custody war developed between my client and the maternal grand parents. I have to be limited in my comments about this one but after months of fighting a very tough opponent, my client was awarded custody of the child and the grand parents left the case with no rights to the child.