Child Custody and Parenting Time

New Jersey Divorce, Child Custody and Parenting Time Trial Lawyer, Clifford E. Lazzaro, P.C.

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only

Clifford E. Lazzaro, P.C. can help you with family law matters. Clifford E. Lazzaro, Esq. has assisted families on custody and parenting time issues in Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Ocean County, Passaic County, Somerset County, Sussex County and Union County, New Jersey.

Child custody refers to the responsibility for raising and caring for a child.

How Child Custody Is Determined in New Jersey

Parents can either reach an agreement together about child custody or let the court make this decision that will have a huge impact on their lives and their relationships with their children.

In New Jersey, both parents must be considered equally for child custody. Judges determine custodial and parenting time arrangements based on a number of factors, always focusing on the children’s best interests. If the parents are unable to reach an agreement regarding child custody, the court may consider any of the following factors that are relevant to the case:

• The ability of the parents to agree, communicate, and cooperate in matters related to the child
• The willingness of the parents to accept a proposed custody matter and the history of any previous unjustified problems with visitation
• The child’s relationship with each parent and their siblings
• The quantity and quality of time each parent had with the child before any separations
• The history of any domestic violence
• The child’s safety
• The child’s needs
• The stability of the home environment that each parent can offer
• The quality of and ability to continue the child’s education
• The fitness of each parent
• The employment responsibilities of each parent
• How close the parents’ homes are to each other
• The age and number of children
• The child’s preference if he or she is of sufficient age and ability to form an intelligent question

NJ Custody Laws for Unmarried Parents

When a couple is unmarried, the mother is presumed to be the child’s mother under New Jersey law. She generally has full custody and can keep the child away from the father until he has established paternity.

Paternity is usually established by completing a voluntary acknowledgement of paternity at the hospital near the time the child is born or by initiating legal action to establish paternity through a DNA test. Until one of these things occur, the unmarried father generally does not have parental rights. Therefore, before an unmarried father can request visitation or child custody, he must first establish he is the child’s father.
Once paternity is established, the process to determine child custody follows the same procedure as for married parents.

Types of Child Custody in NJ: Legal & Physical

Custody can be physical or legal. The courts can also award custody as joint or sole.

Physical Custody

Physical custody refers to who the child will live with. This parent is responsible for providing daily care and remains in effect until the child turns 18. 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.”

Legal Custody

Legal custody means a parent has the responsibility to make important decisions about a child’s life. The law doesn’t stipulate exactly what these decisions are, but some common examples include:

• Where the child goes to school and the type of education they get
• What type of medical care the child receives, and which doctor they visit
• Whether the child participates in organized religion and which one

Joint Custody

Joint custody means both parents have the responsibility of raising the child:

• Joint physical custody: The child spends a significant amount of time living with each parent.
• Joint legal custody: Both parents can make important life decisions for the child.

Joint custody can be a 50/50 split, but not always. “Joint” custody doesn’t automatically mean that both parents get equal time with the child. For some families, a 50/50 split isn’t feasible. The courts will come up with a living arrangement that takes the child’s best interests into account.

Sole Custody

Sole custody means that only one parent is responsible for raising the child:

• Sole physical custody: When one parent has sole physical custody, the other usually gets visitation rights. The only exception is when the other parent has a history of abuse or neglect.
• Sole legal custody: One parent can receive sole legal custody over their child if they can prove to the court that the other parent is irresponsible, abusive, or unfit to make decisions regarding the child.

Types of NJ Child Custody Orders

When the courts issue a custody order, it can be an emergency, temporary, or final order.

• Emergency custody orders only last for a few days. They are issued in an urgent situation when a child is at risk of abuse or neglect or the other parent is threatening to go to another state with the child.
• Temporary custody orders last from the time the custody paperwork is first filed until the final order is given. Usually, one parent receives sole physical custody temporarily, and the other parent has visitation rights while the custody process is ongoing.
• Final custody orders take effect once the custody agreement is in place, whether by the two parties agreeing or by a judge’s order after a hearing. This custody order stays in place until the child turns 18.

The court has to determine what type of custody arrangement would be in the best interest of the minor child. In making a custody determination, there are a number of mandatory factors which the Legislature has directed the Court consider:

• the parents’ ability to agree, communicate and cooperate in matters relating to the child;
• the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
• the interaction and relationship of the child with its parents and siblings;
• the history of domestic violence, if any;
• the safety of the child and the safety of either parent from physical abuse by the other parent;
• the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
• the needs of the child;
• the stability of the home environment offered;
• the quality and continuity of the child’s education;
• the fitness of the parents;
• the geographical proximity of the parents’ homes;
• the extent and quality of the time spent with the child prior to or subsequent to the separation;
• the parents’ employment responsibilities; and
• the age and number of the children.

Modification of Child Custody Orders

An application for child custody modification seeks to alter the terms of the order.

To have a custody order modified, the parent will need to file the appropriate application with the court. It is important that the application set forth the reasons why the modification is being sought.

Some examples for seeking modification of a child custody order are:

1. The parent wishes to relocate with the child
2. The work schedule of a parent has changed and the change impacts the parenting schedule
3. Disagreements over major decisions which impact joint custody
4. Concerns for the safety of the child when the child is with the other parent

Quality Representation From an Experienced Child Custody Trial Lawyer, Clifford E. Lazzaro, P.C. Contact an Experienced Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Ocean County, Passaic County, Somerset County, Sussex County and Union County New Jersey Child Custody and Parenting Time Divorce Trial Attorney to Assist You, Clifford E. Lazzaro, P.C. Please contact Clifford E. Lazzaro, P.C. at (732) 866-1600 to discuss your child custody matter today.

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only