Legal Help For Child Custody And Visitation Issues In Newark
Child custody and parenting time arrangements are often emotionally charged aspects of a divorce or separation. The child’s well-being is paramount, and the legal system ensures custody and parental time decisions serve the child’s best interests. Working with a Newark child custody attorney can help you understand the intricacies of child custody laws.
The Law Office of Gary J. Natale P.C. is a single-attorney family law firm servicing Essex County and surrounding areas in New Jersey. I am Gary Natale. With over 33 years of experience, I can help you understand the next steps in your child custody and visitation case. I’m solely focused on family law issues, and I take every case to heart.
How Does Child Custody Work In New Jersey?
In New Jersey, child custody is divided into two categories: legal custody and physical custody. Legal custody is the right to make important decisions about the child’s upbringing, including education, health care and religious upbringing. On the other hand, physical custody pertains to where the child resides on a day-to-day basis.
Both physical and legal custody can be allocated solely to one parent or jointly shared between the parents, with shared custody being the norm. Many custody agreements are custom-crafted and as unique as the families they involve.
As your child custody attorney, I can provide valuable guidance and support throughout your custody case, helping you understand child custody laws and reach a favorable outcome for your family. In many cases, custody and visitation issues can be worked out through negotiation, but I am unafraid to take an issue to trial if necessary.
When Is A Child Custody Modification Needed?
The child custody arrangement set up during a divorce may become outdated or impractical. This means that parents may work with a child custody lawyer and seek to change the custody arrangement, such as deciding to modify the visitation schedule or seeking a shift from joint custody to sole custody.
One reason for a modification is a relocation, such as when one parent is moving out of state. The custody schedule may only work when the parents live relatively close to each other and can make consistent exchanges. If one parent leaves, they need to ask the court for a modification. They cannot move and take the children with them, thus violating the other parent’s rights. The modification must be made first. They may be asked for good-faith reasons to justify the move. Examples include educational opportunities, taking a job, moving closer to extended family members and other things that are in the child’s best interests.
A modification may also be made if there are safety issues. For instance, perhaps the other parent has been neglectful or abusive, or maybe there are dangerous habits, like evidence of substance abuse. Courts do seek to keep children safe. An example is taking away physical custody but working with a visitation attorney to give that parent supervised visitation rights so that they can see the child in a safe and controlled environment.
Enforcement Of A Child Custody Order
It is illegal to violate a court order, but it may happen. For instance, if one parent refuses to allow the other to see their child according to the schedule, it could be a violation of visitation rights.
Co-parenting can be complex, but both parties do have parental rights under that custody order. If those rights are violated, the parent can file a motion to have the court enforce the order. In some cases, fines may be applied. The court may also threaten to modify the order. For instance, if a parent refuses to follow the child custody schedule, they may lose their custody rights. A child custody lawyer can help you understand options when there is an enforcement issue.
A Family Law Attorney You Can Rely On
If you are currently facing child custody and parenting time issues, The Law Office of Gary J. Natale P.C. can help. I will listen to your case and make a representation plan that meets your needs. Call 973-821-4199 today or use the online form to schedule your free consultation.