When facing divorce with children under 18 are involved, determining child custody will be one of the most stressful issues during the entire process. New Jersey law provides that custody decisions are to be made in the best interests of the child. Don’t make choices about your child custody without having information from an experienced New Jersey child custody attorney. Whether through skillfully negotiated settlement or aggressive trial representation, we are here to help clients of Ocean and Monmouth County, New Jersey resolve the contested issues without the need for litigation if at all possible.
At the law firm of Villani & DeLuca, P.C. we effectively represent mothers, fathers, grandparents and other interested parties in child custody controversies without putting children in the middle of the dispute. We are committed to providing the most professional level of service to each of our valued clients in a caring and compassionate manner.
We are experienced in all types of custody cases and specialize in finding creative, legal solutions to your custody needs. When possible, our custody attorneys suggest mediation in order to achieve a parenting resolution that works best for both you and your child. In cases of abuse, or other serious mitigating circumstances, the child custody lawyers at Villani & DeLuca will fight hard to secure custody of your child in court.
Child Custody Policies in NJ
When child custody is an issue, all parties involved will need to demonstrate why their claim for a particular custody arrangement benefits the child or children involved. The NJ Statute: 9:2-4 declares that it is the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage. It is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
Child Custody Terminology
- Joint Custody – Joint custody means that custody of the child is awarded to both parents. In New Jersey, it is common for joint legal custody to be awarded so both parents can share in the decision making process though it can be awarded to just one parent.
- Sole Custody – When a parent receives sole custody, or control, that parent has the right to make all decisions regarding the needs of the child. The parent can make the decisions about education, health care and religion with consultation of the other parent. In this case, one parent will have either sole legal custody (control) or sole physical custody or both. If the child is going to be in the sole custody of one parent, arrangements for visitation rights can be given to the other parent.
- Physical Custody – Physical custody refers to where the child will live. Typically this is shared between the parents in a way that the child will have essentially equal time and contact with both parents unless under unusual and unfortunate circumstances.
- Visitation – Visitation is a legal term referring to the opportunity for the child to spend time with the parent who does not have sole legal custody. This parent is often called the “non-custodial parent.”
- Custody Battle – Special situations sometime arise in which parents can’t come to an agreement. When this happens, a “custody battle” ensues and it is up to the court to make a decision about how custody is split between the parents.
In addition to child custody, we also handle related issues including:
- Child support and child support modifications
- Custody evaluations
- Grandparent custody, visitation and grandparent’s rights cases
- Interstate jurisdictional issues involving the Uniform Child Custody Jurisdiction Act (UCCJA).
- Marital settlement agreements
- Mediation and settlement agreements
- Parenting time, parenting plans, and co-parenting issues
- Separation agreements
- Collaborative divorces
Contact an Experienced NJ Child Custody Lawyer for Help
The law surrounding custody rights and parental responsibilities can be complicated. The facts of each case are unique and so our lawyers are ready to assist you through every step of the process. Contact family law firm of Villani & DeLuca, P.C. to learn about your child custody rights today. We can be reached 24 hours a day, 7 days a week at 732-965-3350; call today for a free case consultation.