Monmouth County Child Custody Lawyer

Child custody is often a client’s number one concern in a divorce. It is a highly emotional process for both parties, as well as for their child, and can lead to some of the most contentious disputes between parents. During child custody disputes, parents grapple with the potential that they may not see their child as frequently as before. 

Experienced Monmouth County family lawyers are trained in state laws concerning child custody and can help parents negotiate a child custody agreement without going to trial. However, a court trial is necessary when parents disagree on the terms of custody, in which case a skilled family lawyer can help secure your custody rights. Trials are costly and can require a significant amount of preparation and legal knowledge. Custody trials may also lengthen the divorce process by months or even years, subsequently prolonging the stress and emotional strain put on you and your child. 

Call us today at (732) 858-0282 to schedule an appointment or send us the details of your custody case using our online contact form. Our Monmouth County child custody attorney will help you determine your options and move forward.

Types of Child Custody Arrangements

New Jersey distinguishes between two distinct forms of child custody. 

• 1. Legal Custody
  • Legal custody refers to a parent’s responsibility to make important decisions on behalf of their child, such as decisions concerning their health and education. Although both parents are typically recognized as legal custodians, legal custody can extend to only one parent when circumstances deem joint legal custody inappropriate. 
• 2. Physical Custody
  • Physical custody is often the most contentious topic in a divorce. It encompasses where a child will live and how much time they will spend with each parent. 

There are three custody options in New Jersey:

1. Joint custody
2. Sole custody
3. Other custody arrangements

None of these custody options are simple. 

• Joint custody, which is common in New Jersey, can include many different living arrangements and residential schedules, as well as stipulations on how parents should consult one another to make decisions on behalf of their child. 
• If one parent is granted sole custody, the other parent can still be granted visitation rights and other parental opportunities, which vary depending on the circumstances of the custody case. 
• The final option, which is undefined, leaves room for any other physical custodial arrangement that the family court deems appropriate. 

How to File for Custody in NJ

Every custody case is unique, however, these are generally the steps to take to file for custody in New Jersey:

1. You will need to familiarize yourself with NJ's custody laws and the different types of custody. 
   • Understand the custody laws in New Jersey, including the different types of custody and the factors the court considers when determining custody arrangements.
2. Gather all of the necessary documents to ensure an efficient process. 
   • Collect important documents such as: 
     • The child's birth certificate
     • Any previous custody orders 
     • Any relevant medical or school records
3. Determine the appropriate court to file with. 
   • Identify the appropriate family court in the county where the child resides. This is where you will file for custody.
4. File the formal custody complaint with the court. 
   • Prepare and file a custody complaint with the court. The complaint should include details about yourself, the child, the other parent, and the desired custody arrangement.
5. Serve the custody complaint to the other parent. 
   • Serve the custody complaint on the other parent according to the specific service requirements set by the court. Proper service is essential for legal compliance.
6. Attend court hearings with your attorney. 
   • Attend any scheduled court hearings related to the custody case. Present your case, provide evidence supporting your request for custody, and address any concerns raised by the other parent or the court.
7. Attempt mediation, if possible.  
   • In many New Jersey counties, mediation is required before proceeding to trial. Participate in the mediation process to attempt to reach a mutually agreed-upon custody arrangement.
8. Present your evidence to support your case. 
   • If an agreement is not reached through mediation or negotiations, be prepared to present evidence to support your position regarding the child's best interests. This may include factors such as: 
     • The child's relationship with each parent
     • Their living arrangements
     • Their physical and emotional well-being

It's crucial to consult with an experienced Monmouth County child custody attorney. The  custody lawyers at The Family Law Offices Of Megan S. Murray can guide you through the custody process, explain the specific requirements, and advocate for your interests and the best interests of your child. 

Start discussing your child custody case today. Contact the child custody lawyer serving Monmouth County at The Family Law Offices of Megan S. Murray now. Call our law firm at (732) 858-0282.