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New Jersey Child Custody And Visitation

A divorce is always a difficult matter. This situation becomes more stressful when children are involved. 

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New Jersey Child Custody,
Parenting Time & Visitation Rights

A divorce is always a difficult matter. This situation becomes more stressful when children are involved. Understanding the laws in New Jersey is our expertise. We work closely with our clients to ensure their approval towards achieving the desired outcome of the child custody and visitation scenario of every client. At The Law Office of Joanna D. Brick, Esq. we have experienced a countless number of child custody situations in NJ and we understand what the children and the parents must endure. No situation is easy and every situation is unique. Regardless, our attorneys are here to alleviate the stress of the process while ensuring a satisfactory outcome for you and your child.

Practice Areas

Court case for divorce and child custody. Family problems. Conflict resolution.

How Do The Courts Determine Child Custody?

In New Jersey, there are a number of different factors when determining child custody, parenting time and visitation rights. In the end, the best interest of the child is the most important conclusion . Therefore, it is important to ensure the facts are properly presented to us . Some of the information that needs to be provided includes which parent the child may express a preference to live with, whether either parent uses drugs or alcohol, whether a parent suffers from a disability or psychological issue, and how available are the parents based upon their work hours and commuting time. Also, it will be relevant if there is a history of domestic violence, physical abuse, stability of the homes, geographic proximity to home and school. As a New Jersey Child Custody Attorney, Joanna D. Brick, Esq. will work hard to demonstrate to the court that the goals you have for your child are in line with the best interests of your child.

NJ Child Custody Types

In New Jersey, there are two types of custody: legal custody and physical custody. The legal custody refers to the rights a parent has to make decisions for the child including the child’s education, health and welfare. Physical custody refers to where the child lives and which home is the child’s residence. In a majority of cases, legal custody is shared between the parents and physical custody is determined upon which party is more capable of physically being able to care for the child. In this case, there will be a primary caretaker, also referred to as a parent of primary residence, as well as a secondary caretaker, also referred to as a parent of alternative residence, when referring to parenting time in NJ divorces.

Child Custody Process In New Jersey

While settling a divorce is a serious matter in and of itself, the process for child custody can be smooth and at times more difficult . At the NJ law offices of Joanna D. Brick, Esq. , we will always listen to your considerations and concerns regarding child custody and parenting time. If we believe that you and your spouse have the ability to negotiate a deal without going to court, we will assist you on this agreement. If it cannot be resolved, we will have our trustworthy mental health professional experts evaluate the custody arrangements and determine where the child’s best interest lies to provide recommendations for you and your spouse. If an agreement can still not be made based on the recommendations and dispute resolution is to mediate the issues is unsuccessful , there is the option of litigating this matter in Court. We will do everything possible to make sure you do not spend more time or money than necessary while keeping the best interest of your child in mind.

New Jersey Child Custody Attorney

If you are seeking experienced, attentive and personalized legal services regarding your child custody, visitation rights or parenting time matter in New Jersey, call the law firm of Joanna D. Brick, Esq. today. Call for a legal consultation in our Bergen County office in Fair Lawn, New Jersey. We service Bergen, Hudson, Morris, Union, Somerset and Middlesex Counties.

Practice Areas

Brick law team

Our Trusted Legal Team

Joanna Brick
Attorney
Jeffrey T. Vazquez
Paralegal
Isabela Ruiz
Paralegal
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Brick Law Firm

We represent and mediate for clients of all asset levels, including high net worth individuals. To learn more about how we can help you, call the Brick Law, LLC, in Bergen County, New Jersey, at 201-254-0881

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Frequently Asked Questions

Common questions about child custody and visitation in New Jersey, answered by Brick Law, LLC.

How do New Jersey courts decide custody?

Under N.J.S.A. 9:2-4 the court applies the child’s best interests, weighing each parent’s ability to cooperate, the child’s needs, the stability of each home, each parent’s fitness, geographic proximity, the child’s preference if of sufficient age, and the quality of time spent with the child.

What is the difference between legal and residential custody?

Legal custody is decision-making authority over health, education and welfare, and New Jersey strongly favours joint legal custody. Residential or physical custody determines where the child lives day to day. A parent can share joint legal custody while the other is parent of primary residence.

Does New Jersey favour mothers in custody cases?

No. New Jersey law is gender-neutral and there is no presumption favouring either parent. Courts decide on the statutory best-interests factors alone. A parent’s role during the marriage matters as evidence of the child’s established routine, not as a preference for one gender.

At what age can a child choose which parent to live with?

There is no fixed age. The court considers the preference of a child of sufficient age and capacity to reason, generally giving it more weight as the child matures. A child’s preference is one factor among many and never controls the outcome by itself.

Is custody mediation required in New Jersey?

Yes. In contested custody and parenting-time cases the court refers parents to mediation before any hearing. If mediation does not resolve the dispute, the court may order a custody evaluation and, ultimately, hold a plenary hearing to decide the disputed issues.

Can a custody order be changed later?

Yes. A parent must show a substantial change in circumstances affecting the child’s welfare — relocation, a change in a parent’s work schedule or health, changed needs of the child, or safety concerns. The best-interests standard then governs whether the arrangement should change.

Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.

This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.

Disclaimer ⚠️

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.