Experienced Help From Bergen County Child Custody Lawyers During A Custody Or Visitation Dispute
After a divorce, keeping your family together may be one of your biggest priorities. When you want to be sure that you and your children have the custody or visitation agreement that you deserve, you want to be sure that the lawyer you choose to represent you is capable of standing up for your family.
At Giro & Associates LLC, our aggressive and passionate attorneys will fight for the best interests of children involved in a divorce or separation. New Jersey law states that all child custody decisions are to be made with the child or children’s best interest always at heart. This is a commitment that we take very seriously and are sworn to protect for our clients.
Physical Custody And Legal Custody Explained
Recognizing the difference between physical custody and legal custody is challenging if you do not have a legal background. Giro & Associates LLC can help you to better understand these difficult and confusing terms so that you will be able to reach the divorce settlement terms that please you.
Physical Custody
This is defined as being the parent who will live with and spend the majority of the time with. Physical custody is usually shared between two parents, but is typically granted to only one parent. Even though one parent may have physical custody over a child, the opposing parent will usually have overnight visitations during weekends and holidays.
Legal Custody
This is defined as having the legal authority in all decision-making involving your child or children. New Jersey courts typically rule in favor of both parents sharing legal custody. These decision-making authorities can include, but are not limited to, religious, medical and educational decisions. Particular instances where one parent may be awarded sole legal custody would be if the opposing parent is absent or presents a danger to the child’s well-being.
The “Best Interests of the Child” Checklist
When courts determine custody arrangements, they focus primarily on what is in the best interest of the child. In New Jersey, judges evaluate key factors. These include parental ability to communicate and cooperate, and stability of each home environment. They also evaluate the quality and continuity of education. Each factor plays a crucial role in determining which arrangement will provide the most stable and nurturing environment.
New York courts apply similar but distinct criteria. These include examining which parent has served as the “primary caretaker” throughout the child’s life and any documented history of domestic violence. They also assess the overall stability of each home environment.
At Giro & Associates LLC, our attorneys help parents understand how these factors apply to their specific situation.
Factors Influencing Custody Decisions
Beyond the statutory factors, courts consider numerous practical elements when making custody determinations. The age and developmental stage of your children significantly impact custody decisions. This is because younger children have different needs than teenagers. Your living situation matters too. Courts examine the physical space, proximity to schools and safety of each potential home.
As children mature, their preferences may also factor into custody decisions. Courts may weigh these opinions based on the child’s age and maturity level.
Our attorneys guide parents through presenting these factors effectively to support their position.
Modification Of Existing Orders
Many parents seek to modify existing custody arrangements due to life changes. Courts require a demonstration of “substantial change in circumstances” before considering modifications.
Common qualifying changes may include:
- Job relocations requiring significant moves
- Remarriage that alters the family dynamic
- Evolving needs of children as they enter adolescence
The parent requesting modification needs to show how circumstances have changed. They must also prove why the current arrangement no longer serves the child’s interests. Our attorneys can help gather and present compelling evidence to support your modification request.
Parental Relocation
When a custodial parent wishes to relocate with children outside New Jersey or New York, they need to follow specific legal procedures.
Courts examine the reason for the move. They also assess how it affects visitation with the non-custodial parent. They evaluate potential impact on the child’s well-being. The relocating parent must prove the move is in good faith and not to interfere with the other parent’s relationship.
At Giro & Associates LLC, we assist in developing comprehensive relocation plans that address continued meaningful contact with the noncustodial parent while supporting necessary life changes.
Let Us Help You Assert Your Parental Rights
You don’t need to face this legal battle alone. Instead of taking the risk of representing yourself, consult with a skilled lawyer at our firm and learn your options. We are ready to meet with you as soon as possible to help you and your family with your family law needs. You can reach our River Forest office using our online form or by calling 201-771-9436.