Why Choose Shane & White, LLC for Your Custody Case
When you work with us, you will gain support from a caring and thorough team of lawyers and support staff. We will talk with you about your situation and create a strategy to protect your family and your future. We’ll be with you the whole way through the process so that you can trust that the best possible results will be achieved. Moreover, our attorneys are prepared to take your custody dispute to trial if necessary.
Because we have in-depth knowledge of New Jersey family law, we are well suited to guide parents through divorces or paternity proceedings in which child custody is an issue. We can also assist with modification and enforcement of existing court orders and parenting plans.
Here’s What you Should Know About Custody in New Jersey
In New Jersey, custody is actually divided into two different categories: legal custody and physical custody.
Legal custody is the authority to make major decisions about your child’s life, like where she will go to school, what medical treatment she will receive and whether she will attend church or synagogue.
Physical custody is what most people think of when they consider child custody. It is the time that a child spends in the care of the parent. In New Jersey, the parent with whom the children live most of the time (51% or more) is designated the “Parent of Primary Residence.” The other parent is designated the “Parent of Alternate Residence.”
Each family is different. There is no one right arrangement for every family. To find the best possible arrangement for your family, New Jersey courts consider “the best interests of the child.” They examine a series of factors, including the child’s physical health and safety and emotional needs, as well as factors related to the parents’ ability to communicate and work together to parent their children. The court will also consider parties’ plans for relocation after divorce, whether it be in close proximity to the marital home, or states away.
Generally, the parent who does not have primary residential custody has parenting time or visitation with the minor child(ren). This plan is usually negotiated by the parents and their lawyers. If they are unable to come to an agreement, the parents will proceed to court, and a judge will make the determination.
Sometimes, custody experts—including child psychologists, therapists or licensed clinical social workers—are brought in to assist the court in making the final determination. We often collaborate with these experts, especially when custody becomes highly contested or when one parent’s behavior endangers the child’s safety