Few legal considerations are as consequential as child custody. The immediate and long-term welfare of a child may ride upon the outcome of child custody cases, so deserving guardians must secure the rights they deserve.
Like most states, New Jersey's child custody laws and procedures are complex, imperfect, and yet high stakes. Having an experienced child custody attorney from the Lento Law Firm Family Law Team may ease the stress of a consequential legal process and also produce the outcome you seek.
Contact the Lento Law Firm Team today at 888.535.3686 or contact us online about your child custody issue in New Jersey.
What Does Child Custody Mean in New Jersey?
There are two primary types of custody in New Jersey, which are:
- Physical custody: Physical custody relates to the literal physical care of a child, including where they spend time and sleep.
- Legal custody: Someone with legal custody can make decisions on the child's behalf. Medical care, education, and activities are among the concerns that a legal guardian oversees.
New Jersey courts determine who has physical and legal custody, whether they share that custody with others, and if there are any conditions on a guardian's custody.
Custody Can Vary in Its Scope and Permanence
Custody is a broad legal term that comes in many different forms, including:
- Full custody: When someone has full custody, they have total autonomy to make decisions about the child. This includes whether the child should spend time with others who do not have full custody.
- Joint custody: When guardians have joint custody, they share responsibility for the child. If guardians share both legal and physical custody of a child, each has equal (or near equal) rights to make decisions about the child and spend time with them. A court may dictate the custodial schedule for guardians with joint custody, or the guardians may work out a schedule among themselves.
- Partial custody: Someone with partial custody has some rights but does not have the total authority that full custody imparts. This means that if you have partial custody, someone else has greater custody rights than you.
- Supervised custody: Someone with supervised custody can see the child under supervision. The New Jersey Supervised Visitation Program (SVP) allows those without custody to interact with their child in a neutral setting without substantial interference from others.
- Primary residential custody: An individual with primary residential custody has physical custody of the child 51% or more of the time.
Many other terms may arise during your custody case. Our attorneys understand the jargon surrounding child custody in New Jersey, and we will ensure you are clear about all terms and procedures related to your case.
Who Is Eligible to Seek Child Custody?
New Jersey Courts explain that those who can seek custody of a child or adult in the state include:
- An unmarried parent
- A married parent who plans on divorcing their partner
- A grandparent
- An adult sibling
Each child custody case warrants unique consideration. If you want to pursue child custody, modify a custody agreement, or respond to a custody-related legal matter filed against you, our team can help.
Do Different New Jersey Counties Have Different Child Custody Procedures?
Different courts preside over different cities and counties in New Jersey. While each of these courts must follow the same state and federal statutes, there may be differences in:
- The venue in which legal proceedings take place
- The judge who will oversee your case
- How and when mediation occurs
- The rulings that ultimately occur
While the legal system is generally intended to be uniform in nature, there can be substantial differences from one jurisdiction to the next. It can help to have a child custody attorney who is familiar with your specific jurisdiction, and that is what the Lento Law Firm Family Law Team offers.
Common Types of Child Custody Orders to Be Aware Of
Guardians in New Jersey obtain guardianship and alter custody agreements through court orders. Therefore, you should be aware of the various types of orders that can produce the legal outcome you seek, including:
- Emergency orders: The court describes certain child custody cases as “emergent matters.” These are cases in which a child may be in immediate danger, and the court may grant orders to protect the child from harm.
- Temporary guardianship: A court may file an order granting temporary guardianship to someone for the child's safety. Further investigation is usually necessary to determine if such a temporary change of guardianship should become a final order.
- Removal of a guardian: A court can order the removal of one guardian and substitute a new guardian if it is in the child's best interests.
- Final order: The most permanent of court orders, a final court order grants guardianship status until a court rules otherwise.
Whatever your custody-related goals are, your attorney will urge the court to issue an order reflecting those demands.
The Legal Process of Securing or Altering Child Custody Agreements
There may be several ways to secure custody or change a custody agreement in New Jersey, including:
- Reaching an agreement with other parties whom you share custody with (and having the courts formalize the agreement)
- Filing a request for a custody change with the court
- Taking emergency action to enact custody-related changes
Our team will review your circumstances and develop a personalized strategy for securing the custody changes you seek.
Reasons to Hire a Lawyer for a Child Custody Case
There are many reasons to retain a child custody attorney from our team, including:
- Our ample experience resolving child custody cases in New Jersey
- Our familiarity with New Jersey custody-related laws and procedures
- Or familiarity with courts in many different New Jersey counties
- Our endless dedication to the welfare of children and well-meaning guardians in New Jersey
Child custody matters are too complex, unpredictable, and consequential to go forth without a capable, dedicated lawyer on your side.
Hire an Experienced Child Custody Attorney From the Lento Law Firm Team
Contact the Lento Law Firm Team today at 888.535.3686 or contact us online about your child custody issue. There is no time to waste when a child's well-being is at stake.
