Divorce and separation can be a difficult process for everyone involved, especially for the children. Child custody is one of the most significant and emotional issues parents face during this time. In New Jersey, child custody laws are intended to protect the child’s best interests, and the courts will consider numerous factors when deciding.
From the family law attorneys at Bauer & Karch Law Group, LLC, here are some of the most frequently asked questions about child custody in New Jersey:
1. What types of child custody are there in New Jersey?
The two primary types of child custody in New Jersey are legal and physical. Legal custody refers to the right of a parent to make significant decisions for the child, including educational, medical, and religious choices. Physical custody refers to where the child will live and spend their time.
2. How does the court determine which parent gets custody of the child?
The court determines who gets custody of the child based on the child’s best interests. Some of the factors that the court considers include the child’s needs, the parent’s ability to communicate, the financial situation of each parent, the child’s relationship with each parent, and each parent’s ability to provide for the child emotionally, physically, and financially.
3. Can a child choose which parent to live with in New Jersey?
In New Jersey, the court may consider the child’s preference when determining custody. However, the choice of the child is not the sole determining factor. The court will also consider the child’s age, maturity, and ability to form a reasonable decision.
4. Can I modify a custody order if circumstances change?
Yes, if circumstances change, you can modify a custody order. If there is no agreement to change custody, you will need to file a motion with the court and demonstrate that there has been a significant change in circumstances that warrants a modification of the order.
5. Can I get custody of my child if I am not the biological parent?
Yes, getting custody of a child is possible even if you are not the biological parent. In New Jersey, non-biological parents can seek custody and parenting time under certain circumstances. For example, if a non-biological parent has been acting as the child’s parent and has established a strong relationship with the child, they may be granted custody or parenting time.
6. Do I need a child custody attorney?
An attorney specializing in family law can help you navigate the complexities of child custody cases, including determining legal and physical custody, parenting time, and developing a parenting plan. With legal representation, you can ensure that your child’s best interests are protected in court and that you receive fair access to your child. While it may be tempting to represent yourself in a custody case, the emotional and legal stakes are too high to risk going it alone. Seeking the assistance of a child custody attorney can give you the legal support and peace of mind you need during what is already a challenging time.
If you need a child custody lawyer in New Jersey, turn to the family law attorneys at Bauer & Karch Law Group, LLC.
At Bauer & Karch Law Group, LLC, our team is here to guide and support you through every step of the child custody process. Our experienced attorneys understand New Jersey’s child support laws and will work hard to ensure your children have the appropriate financial support to guarantee their overall well-being.
Visit our website or give us a call at 908-236-8204 to schedule your complimentary initial consultation.