Lakehurst Divorce Lawyer

Lakehurst Child Custody Attorney

Child CustodyIn New Jersey, courts may award either parent joint or sole custody of the child after considering several factors, each of which takes the best interest of the child into account. These factors are exhaustive, including a parent’s ability to cooperate in matters concerning the child, each parent’s relationship with the child, and each parent’s suitability as a guardian. The court may also consider the employment and geographic location of each parent.

While custody arrangements depend on the best interests of the child, courts typically prefer joint custody arrangements. This allows for the possibility of each parent to be involved in the upbringing of the child. However, a court may decline to offer joint custody arrangements if either parent puts the child’s safety at risk. Villani & DeLuca represents mothers, fathers, grandparents, and other interested parties in child custody disputes throughout New Jersey.

Lakehurst Visitation Attorney

Visitation is the time that a non-custodial parent may spend with a marital child when the other (“custodial”) parent has sole custody. A parent that does not have legal custody of the child may still enjoy visitation rights. These rights are spelled out in a visitation schedule, which is negotiated between parents or ordered by the court. Commonly, visitation schedules allow the non-custodial parent to see the child every other weekend, and one night per week. Courts in New Jersey protect visitation rights very carefully. A non-custodial parent has a constitutional right to visit their child. Therefore, it is typically very difficult to prevent parental visitation entirely.

In most cases, visitation time is not supervised. However, if the non-custodial parent has a history of child abuse or is otherwise harmful to the child’s safety, the court may order that the visitation time be supervised. The supervisor is typically an individual appointed by the court or county sheriff’s department. If a custodial parent refuses to comply with a visitation schedule, that parent has disobeyed a court order. The court may respond by issuing fines against the parent, or in extreme circumstances, by transferring custody to the other parent. The family law attorneys at Villani & DeLuca have extensive experience in a variety of family matters, including visitation disputes.

Where Do I File for Divorce in Lakehurst?

New Jersey law requires that the filing spouse (plaintiff) file for divorce in the county where the grounds provided for the divorce actually happened. However, if the plaintiff spouse was abandoned for over one year, then she may file in the county of her residence. If the plaintiff spouse lived outside of New Jersey at the time the marriage first began to dissolve, then she may file in the family division of the New Jersey county where she presently lives. For Ocean County residents, this is the Family Division of the Ocean County Courthouse, located in Toms River.

A spouse must file a complaint with the county court, which states that a divorce is being sought, as well as the grounds on which it is being sought. Along with the complaint, the plaintiff must provide a filing letter to the court, a certification of insurance, a certification of notification of complementary dispute resolution (simply stating that he is aware he can go to mediation) a family part case information statement, and a confidential litigant information sheet.

Call the Experienced Family Lawyers of Villani & DeLuca, P.C.

The law firm of Villani & DeLuca, P.C. has a significant amount of experience assisting clients with family issues in Lakehurst Township. Call 732-965-3350 today for a free initial consultation to discuss your issue with a Villani & DeLuca divorce lawyer.