Atlantic County Child Custody Lawyer

When parents get divorced, the most important issue that must be resolved is that of child custody. Understandably, after a divorce, both parents want to remain consistent and present in their child’s life. Unfortunately, this can sometimes lead to very serious disagreements over what would be a fair parenting schedule. If you’re facing a child custody matter of any kind, it’s imperative that you have a knowledgeable and experienced Atlantic County family lawyer in your corner who can effectively protect you and your family at every turn. Please don’t hesitate to contact the Law Office of Stephanie Albrecht-Pedrick, LLC for comprehensive representation in your case today.

Physical Vs. Legal Custody in New Jersey

One of the first things many parents discover during a custody dispute is that there is more than one type of custody in New Jersey. In fact, custody can generally be broken down into two primary categories: physical custody and legal custody.

Physical custody simply refers to where a child primarily lives. Though many parents immediately focus on physical custody because they naturally want to maximize the amount of time they spend with their child, it is important to understand that physical custody is only one part of the equation. Generally speaking, physical custody addresses issues such as:

• Where the child sleeps on school nights
• Which parent provides day-to-day care
• Parenting time schedules
• Holiday schedules
• Vacation schedules
• Transportation arrangements

Legal custody, on the other hand, concerns a parent’s ability to make important decisions regarding his or her child’s upbringing.

Some examples of decisions that fall under legal custody are as follows:

• Where a child attends school
• What type of medical treatment a child receives
• Whether a child participates in certain extracurricular activities
• A child’s religious upbringing
• Mental health treatment decisions
• Other significant decisions affecting a child’s welfare

Fortunately, these two forms of custody do not necessarily have to go hand-in-hand. For example, one parent may have primary physical custody while both parents share legal custody equally. This is actually fairly common in New Jersey family courts.

Simply put, physical custody concerns where your child lives, while legal custody concerns your ability to participate in important decisions regarding your child’s future.

Joint Vs. Sole Custody

Another issue that frequently causes confusion among parents involves the difference between joint custody and sole custody.

Joint custody is generally favored by New Jersey courts because courts typically believe that children benefit from maintaining strong and meaningful relationships with both parents whenever possible. Joint custody can include the following:

• Joint legal custody
• Joint physical custody
• Joint legal custody with one parent serving as the parent of primary residence
• Shared decision-making authority regarding major issues involving the child

You should note that joint custody does not necessarily mean a perfect 50/50 split of parenting time. This is perhaps one of the most common misconceptions surrounding custody disputes in New Jersey.

In many cases, one parent may have significantly more overnight parenting time than the other parent while both parties continue sharing legal custody equally.

Sole custody, as the name suggests, means that one parent is granted primary authority regarding legal custody, physical custody, or both.

Fortunately, sole custody awards are relatively uncommon, as New Jersey courts generally prefer arrangements that preserve a child’s relationship with both parents whenever possible. However, there are certain situations where sole custody may be deemed necessary to protect a child’s best interests. Some examples of circumstances where courts may award sole custody are as follows:

• A history of domestic violence
• Evidence of child abuse or neglect
• Serious substance abuse issues
• Severe mental health concerns that interfere with parenting abilities
• Long-term abandonment of the child
• Repeated interference with the child’s relationship with the other parent
• Situations where the parents are simply unable to communicate well enough to share decision-making responsibilities
• Any other circumstance that calls a parent’s fitness into question

That being said, even if one parent receives sole custody, the other parent may still receive parenting time or supervised visitation, depending on the circumstances involved.

Factors Considered When Determining Child Custody in New Jersey

When determining child custody in New Jersey, the courts’ primary concern is, and always will be, the best interests of the child. Judges consider a wide range of factors before making custody determinations. Some of the factors New Jersey courts may consider are as follows:

• The parents’ ability to agree, communicate, and cooperate regarding issues involving the child
• Each parent’s willingness to encourage a relationship between the child and the other parent
• Any history of domestic violence
• The safety of both the child and either parent from abuse by the other parent
• The needs of the child
• The stability of each parent’s home environment
• The quality and continuity of the child’s education
• The fitness of each parent
• The geographical proximity of the parents’ homes
• The extent and quality of time each parent spent with the child before and after separation
• Each parent’s employment responsibilities
• The age and number of children involved
• Whether either parent has substance abuse issues
• The history of each parent’s caregiving responsibilities
• The quality of each parent’s relationship with the child
• The child’s preference, assuming the child is of sufficient age and maturity to make an informed decision

Can I Change a Custody Agreement in NJ?

Fortunately, in many cases, the answer to this question is yes. Naturally, circumstances change as time goes on after a divorce. Children grow older, parents change jobs, families relocate, and situations that once made perfect sense may no longer be practical several years later.

Because of this, New Jersey courts will generally consider modifications to custody agreements if there has been a substantial and continuing change in circumstances. Some examples of situations that may warrant a custody modification are as follows:

• One parent receives a job requiring substantially different hours
• One parent intends to relocate
• A child develops significant educational needs
• A child develops medical needs that require a different custody arrangement
• One parent develops substance abuse issues
• Domestic violence concerns arise after the original custody order was entered
• One parent repeatedly violates the existing agreement
• A parent’s health deteriorates significantly
• Military deployment affects a parent’s availability
• The child’s preferences change as he or she grows older
• One parent becomes unable to provide the same level of care previously provided

What if My Ex Refuses to Follow Our Child Custody Agreement?

Unfortunately, even after a custody order is entered, disputes sometimes continue.

For example, one parent may refuse to return the child at the agreed-upon time, repeatedly deny parenting time, interfere with communication, or otherwise ignore the terms of the agreement altogether.

If this happens, it is important not to take matters into your own hands by withholding parenting time in retaliation. Though this may be tempting, doing so can frequently make matters worse and may ultimately hurt your position in court.

Instead, you should document every violation carefully and seek legal assistance as soon as possible.

Fortunately, New Jersey courts have several tools available to enforce custody agreements. Depending on the circumstances, a court may:

• Order make-up parenting time
• Require immediate compliance with the custody order
• Award attorney’s fees and court costs
• Impose monetary sanctions
• Order mediation or counseling
• Require parenting classes
• Modify the custody arrangement
• Hold the violating parent in contempt of court
• Require supervised parenting time
• Change primary residential custody if repeated violations justify doing so

If you believe your ex is refusing to abide by your child custody agreement, please don’t hesitate to speak with an experienced family lawyer from our firm who can help enforce it.

Contact a Child Custody Lawyer in Atlantic County, New Jersey Today

If you’re facing a child custody matter of any kind, you cannot leave the outcome to chance. Your relationship with your child may be at stake. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we have fought for parents for decades, and we’re here to be your steadfast legal advocate as well. Contact a skilled Atlantic County child custody lawyer from our firm for an initial consultation today.