Effective July 1st, 2024, we are relocating our Toms River office to the following location: 1400 Hooper Ave, 2nd Floor Toms River, NJ 08753

732-361-4827

Toms River Child Custody Lawyers

Toms River Child Custody Lawyers

Child custody issues are among the hardest to address in a divorce. As a parent, you have definite ideas about the time you want to spend with your children and how they will be raised. However, the other parent may have their own ideas, and it may be difficult to find a middle ground. Although you hope to resolve all child custody issues through agreement, it may be necessary to go to court. When dealing with a legal issue involving your children, hiring a Toms River child custody lawyer is always prudent.

Are There Different Types of Child Custody?

A child custody determination will specify how decisions will be made for the children. This is known as legal custody. In New Jersey, there is a legal presumption that both parents will participate in the decision-making. It is usually in the best interest of the child to have both parents involved in all phases of their life. However, there may be circumstances that require one parent to have the decision-making authority.

The custody determination would also be where the children live, which is known as physical custody. One parent may have primary physical custody, while the other has visitation rights. Alternatively, the parents may share physical custody of the children and have an arrangement that divides the custodial time in half.

How Is Custody Determined?

New Jersey uses the best interest of the child standard to determine custody issues. This standard prioritizes the child. However, it does not always mean that a parent’s concerns are never heard. Sometimes, the child’s best interest is met when the parents have their say.

New Jersey law outlines several factors a judge must consider when deciding custody. The law includes a very long list, and judges must weigh each factor. However, judges have considerable discretion in how they reach their determination and weigh the factors. There may be little predictability about how a judge may rule regarding the child’s best interest if your case goes to court.

Some of the factors include:

  • The fitness of the individual parents.
  • The parents’ ability to communicate and work together.
  • The stability of each parent’s home environment.
  • The interaction and the child’s relationship with their siblings and parents.
  • The amount of time that each parent spent with the child before separation.
  • Each parent’s employment responsibilities.
  • The history of domestic violence or child abuse.

Ideally, parents will negotiate all custody matters at the time their marriage ends and reach a marital settlement agreement that addresses all of the custody issues described above. It is not necessarily easy for parents to compromise and agree when each one enters the process with their wishes and desires. The hope is that the parents can resolve the case without going to court.

Child custody issues must be resolved before a divorce can be granted. If the parents cannot agree, a judge must decide the matter after a hearing. If the parents are having difficulty reaching an agreement, they should consider enlisting the help of a mediator to facilitate settlement negotiations. Litigation can introduce hostility and bitterness and affect the parents’ ability to work together at the case’s conclusion.

Can I Request a Child Custody Modification?

A child custody order is not necessarily set in stone once the court enters it. Over time, one or both parents may seek to modify the custody order based on what has transpired since the divorce or the last time the court changed the order.

Modifications of custody orders are also legal proceedings that require the assistance of an attorney. The parents may be able to negotiate a modification on their own, and the court would enter it as a consent order. Alternatively, one parent may file with the court to have the judge order a modification.

The legal standard for a modification is that a parent needs to show that there has been a substantial change in circumstances. Absent that, a judge may not grant a motion for a modification.

Parents often seek modifications to a child custody order when the following occurs:

  • A parent needs to relocate.
  • The child’s schedule changes.
  • The parents are having difficulty co-parenting.
  • One parent wants more time with the child.
  • A parent’s situation changes where they are no longer fit to have custody.

How Child Custody Orders Are Enforced

Reaching a settlement agreement or obtaining an initial court order is just the initial part of the child custody process. Both parents need to follow the court order or risk punishment from the court.

If one parent is not following the child custody order, the other parent may need to take legal action to enforce their rights in court. They may even need to file for contempt of court, and the parent ignoring the order could be fined or jailed. The failure to follow a child custody order could also be grounds for a modification.

Contact the Toms River Child Custody Lawyers at Zeigler Law Group, LLC for Legal Help Today

The Toms River child custody lawyers at Zeigler Law Group, LLC can work to protect your rights as a parent during both the initial custody determination and when you are raising your children. We provide you with legal advice designed to help you see through emotion and consider the realities of your situation. To schedule a free consultation, call us today at 732-361-4827 or contact us online. We have offices in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, and we work with clients in Ocean County, Monmouth County, Mercer County, and Burlington County.

Contact Zeigler Law Group, LLC
Today To Get Started

The Family and Divorce Lawyers at Zeigler Law Group, LLC Provide Experienced Guidance and Support When You Need It Most

Sonya K, Zeigler, Esq. and her team have a well-earned reputation for committed and fierce legal representation. Our firm is here to provide you with the best possible guidance. Call Zeigler Law Group, LLC at 732-361-4827 or contact us online to schedule a consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients throughout Ocean County, Monmouth County, Mercer County, and Burlington County.

Name
This field is for validation purposes and should be left unchanged.
x