U.S. Census data shows that roughly 30% of children in New Jersey reside in a single-parent household. The national average is currently estimated at 34%. In Camden County, cases involving child custody are heard by the Family Court Division. This court is also responsible for cases such as those associated with divorce, support, paternity, and others.
Custody Defined (§2A:34-54)
Child custody proceedings are court actions used to determine who will have physical and legal custody of a child. A parent or guardian awarded physical custody is responsible for providing the child's home. This is the custodial parent that tends to the child's physical care and supervision.
If a parent or guardian is awarded legal custody of a child they are responsible for making significant choices on the child's behalf. This may include decisions involving education, health care, and religion, and it may be awarded jointly or solely to one parent or guardian. The noncustodial parent is generally then afforded scheduled parenting time or child visitation rights.
The court will consider a host of factors in making custody determinations that are all based on what is in the child's best interest. They will consider some of the following about the parents or guardians:
- Their ability to provide a safe and stable home environment
- Any history of domestic violence or abuse
- The custody arrangements of any siblings
- Based on the child's maturity, their preference may be considered
- Their ability to provide childcare
- Any history of alcohol or drug abuse and more
Interference With Custody (2C:13-4)
Interfering with a child custody order may occur when a parent or guardian conceals a minor without alerting the other parent. This applies when detaining the minor deprives the other parent or guardian of their rights to custody or parenting time (visitation). The offense may also be motivated by a desire to evade the court's jurisdiction.
When the child is taken outside of the state or if the child's whereabouts are unknown for 24-hours, the offender may be charged with a crime of the second degree. The offender is charged with a crime of the third degree in other scenarios. If the detained individual is a “committed” person, the offender is charged with a crime of the fourth degree.
A committed person may be an orphaned or delinquent child or someone with a mental impairment or that is otherwise deemed as incompetent. A committed person is one that an agency of social services or other lawful entity has placed under the care of another person or facility. An example would be someone involuntarily committed to a psychiatric facility by law because they pose a risk to themselves or others.
|
Level of Offense |
Maximum Incarceration |
Maximum Fine |
|
Second Degree |
5 to 10 years |
Up to $150,000 |
|
Third Degree |
3 to 5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
Experienced Lawyer for Child Custody Cases in Camden County
Joseph D. Lento is a seasoned legal professional that has spent years providing empathetic guidance and representation for his clients. He takes the time to evaluate the circumstances and understand your goals. He will seek a positive outcome for you and your loved ones. For a prompt consultation, please contact the office today at (888) 535-3686.
