Disputes Involving Children Can Be Tough To Resolve

Any divorce that involves children can become increasingly complex. At Carol H. Gold, Esquire, L.L.C., we have extensive experience guiding clients through custody matters.

Understanding Custody And Parenting Time

There are two types of custody: legal and residential. Having legal custody of a child allows an individual to participate in decisions involving the health, education and welfare of the child. The parent who a child lives with has residential custody of the child. Legal custody can be shared jointly between parents or can be granted to just one parent. Similarly, residential custody can be shared between parents or can be granted to just one parent. Under most circumstances, the parent who does not have residential custody will have a parenting plan providing for specified time with the children.

Factors In Awarding Custody

As noted in N.J.S.A. 9:2-4, several factors are considered in an award of custody, including:

  • The parents’ ability to agree, communicate and cooperate in matters relating to the child
  • The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
  • The interaction and relationship of the child with parents and siblings
  • Any history of domestic violence
  • The safety of the child and the safety of either parent from physical abuse by the other parent
  • The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
  • The needs of the child
  • The stability of the home environment offered
  • The quality and continuity of the child’s education
  • The fitness of the parents; the geographical proximity of the parents’ homes
  • The extent and quality of the time spent with the child prior to or subsequent to the separation
  • The parents’ employment responsibilities
  • The age and number of the children

All family law cases are fact-sensitive and each case must be evaluated on its own merits.

Schedule A Consultation Today

Often, selecting the right lawyer can mean the difference between a quick, efficient process and one fraught with delays. Schedule a consultation with a skilled New Jersey family law attorney to discuss the specifics of your case and the challenges you face, including custody, parenting time and visitation. Our Lumberton office can be reached by calling 609-534-2778 or through our online contact form.