Every family situation is unique, so the specific answers to your child custody questions will vary depending on the facts of your case. Below are some of the most common questions that our divorce and family law attorneys are asked, but we are always available to address your unique concerns with a cost-free consultation. To schedule a free initial consultation with our New Jersey custody lawyers, call 973-840-8970 today. Read our child custody FAQ below.
New Jersey Child Custody Questions – Answered
How do I gain custody of my child?
In order to pursue custody, you must first file a motion or complaint with the New Jersey courts. The court will review your application, and in most cases, it will require custody mediation. You will also be required to attend a parental education class. If mediation fails to work out an acceptable custody arrangement, the court will decide the matter in a custody hearing.
Is it true that custody is usually awarded to the mother?
Child custody and visitation decisions are supposed to be gender neutral and uphold both mothers’ and fathers’ rights, regardless of the age of the child. We can advise you on the extent to which the courts in your area adhere to this standard.
Can I move out of state with my child?
Generally, both parents have the right to be a part of their children’s lives, so any relocation that prevents the child from regularly seeing one of his or her parents is discouraged. However, there are certain exceptions. Our New Jersey child custody attorneys are highly familiar with the latest developments in child custody, including the laws governing parent relocation, and we can advise you about your options.
What rights do grandparents have to see their grandchildren?
When a grandparent has a meaningful relationship with his or her grandchild, the New Jersey courts are usually reluctant to deny the grandparent access to that child. If the parent objects, the grandparent can file motion of complaint for visitation. Our law firm can assist you with these types of grandparent issues.
What is a “guardian ad litem”?
A guardian ad litem is an attorney appointed solely to represent the children. Usually, the court only appoints a guardian ad litem when it believes the children’s best interests are in danger and that they need an advocate of their own. Both parents may be required to share the cost of hiring the guardian ad litem, in addition to their own lawyers.
