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.
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. We service Bergen, Hudson, Morris, Union, Somerset and Middlesex Counties.
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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
Frequently Asked Questions
Common questions about children in New Jersey, answered by Brick Law, LLC.
What is parenting time in New Jersey?
Parenting time is the schedule setting when a child is with each parent, covering weekdays, weekends, holidays, school breaks and vacations. New Jersey courts expect a detailed written schedule rather than “reasonable and liberal” language, because vague terms are the most common source of later disputes.
Can a parent be denied parenting time?
Rarely, and only where the child’s physical or emotional safety requires it. New Jersey policy strongly favours a child’s continuing relationship with both parents. Where genuine risk exists, courts usually order supervised parenting time or therapeutic reunification rather than denying contact altogether.
Can parenting time be withheld if child support is not paid?
No. Parenting time and child support are separate obligations in New Jersey. Withholding a child because support is unpaid is itself a violation of the court order and can affect custody. The correct remedy is an enforcement application, never self-help.
How are holidays and vacations divided?
Most New Jersey parenting plans alternate major holidays by year, fix each parent’s religious or cultural holidays, split school breaks, and give each parent one or two uninterrupted vacation weeks with advance written notice. Naming specific dates and exchange times prevents most later conflict.
What is a parenting coordinator?
A neutral professional appointed to help high-conflict parents implement an existing parenting plan and resolve day-to-day disputes without returning to court. A coordinator does not change custody, but recommendations can be brought to the court where the parents cannot reach agreement.
Do grandparents have visitation rights in New Jersey?
Grandparents may apply, but the burden is high. Under N.J.S.A. 9:2-7.1 and Moriarty v. Bradt, a grandparent must prove that denying visitation would cause the child specific, identifiable harm — not merely that contact would be beneficial or that the family would prefer it.
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.