Question 1

How Is Child Custody Determined in New Jersey?

Accepted Answer

New Jersey courts decide custody matters based on the best interests of the child. Judges consider many aspects of the child’s life, the parents’ relationship, and each parent’s ability to provide a safe, stable environment. Some factors include: The number and ages of the children. Each parent’s ability to meet the child’s daily needs. The child’s relationship with each parent. The child’s educational, medical, and emotional needs. The stability of each home environment. Any history of domestic violence, abuse, or substance use. Each parent’s willingness to communicate and cooperate. The child’s preference, depending on age and maturity.

Question 2

What Are the Types of Child Custody in New Jersey?

Accepted Answer

Custody in New Jersey covers both physical custody (where the child lives) and legal custody (who makes major decisions about the child’s upbringing). The main types include: Shared Legal and Physical Custody: Both parents share decision-making, and the child spends significant time with each parent. Joint Legal Custody: Parents share decision-making authority, but the child primarily resides with one parent and has scheduled parenting time with the other. Sole Legal and Physical Custody: One parent has both decision-making authority and primary residential custody, with limited or no input from the other parent.

Question 3

Can My Child Choose Which Parent to Live With?

Accepted Answer

New Jersey does not set a specific age at which a child can decide where to live. However, judges may consider a child’s preference if the child is mature enough to provide a well-reasoned opinion. Courts often give greater weight to the views of teenagers than younger children, but a child’s preference is just one factor among many. Judges also examine whether the preference is genuine or influenced by pressure or loyalty conflicts.

Question 4

What Is Parenting Time in Bergen County?

Accepted Answer

Parenting time—sometimes called visitation—is the scheduled time a child spends with the noncustodial parent. Even when one parent has primary physical custody, the other is usually entitled to regular parenting time unless it would endanger the child. Parenting time can be structured with a detailed schedule or remain flexible if parents cooperate well. Typical schedules include alternating weekends, midweek visits, holidays, school breaks, and extended summer periods. In cases involving safety concerns, courts may order supervised visitation or restrict overnight stays. Every parenting plan is tailored to the child’s best interests and the family’s needs.

Question 5

What If Parents Disagree on Custody or Parenting Time?

Accepted Answer

Custody and parenting time disputes are common during divorce. If parents cannot agree on a plan, the court may require mediation, where a neutral professional helps parents reach a resolution outside of trial. If mediation is unsuccessful, the case proceeds to a custody hearing. Both parents can present evidence and testimony, and the judge may consider expert evaluations, witness statements, or appoint a guardian ad litem to represent the child’s interests. Having a skilled Bergen County child custody lawyer ensures your perspective is presented clearly and effectively.

Question 6

Can a Custody Order Be Modified in Bergen County?

Accepted Answer

Yes. Custody orders can be modified if there has been a substantial change in circumstances that affects the child’s best interests. Common reasons for modification include a parent relocating for work or remarriage, changes in the child’s health, schooling, or special needs, shifts in a parent’s work schedule or availability, concerns about neglect, abuse, or unsafe conditions, and violations of the existing custody order. To modify custody, you must show that the change is significant and that the new arrangement better serves your child’s needs.

Question 7

What Are Common Custody Violations?

Accepted Answer

Common violations include failing to return the child at the scheduled time, refusing visitation or parenting time, taking the child out of state without permission, making major decisions without the other parent’s consent (in joint custody situations), interfering with the child’s relationship with the other parent, and abusing, neglecting, or exposing the child to harm. These actions can lead to enforcement proceedings, contempt findings, or modifications of custody arrangements.

Question 8

What Should I Do If My Co-Parent Violates Our Custody Order?

Accepted Answer

If your co-parent disregards a court-ordered custody arrangement, you have legal options, including filing a motion to enforce the custody order in family court, requesting makeup parenting time, seeking modification of the custody agreement, and asking the court to impose penalties for repeated violations. It is important to document all violations and consult a Bergen County child custody lawyer before taking legal action.

Question 9

How Can Marotta Blazini Dunleavy LLC Help?

Accepted Answer

A knowledgeable custody lawyer can help you understand your rights, prepare for court, and work toward a parenting plan that prioritizes your child’s needs. At Marotta Blazini Dunleavy LLC, we are committed to protecting your parental rights and guiding you through every step of the process. Whether you are establishing custody, seeking a modification, or enforcing an existing order, we will advocate for an outcome that supports your child’s best interests and provides peace of mind for your family. Call 201-368-7713 or complete our online form to schedule a consultation.

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