Child custody describes the legal relationship between a parent and child. During a divorce, these issues are often some of the most contentious matters that need to be settled. They are also some of the most important, as maintaining your children’s way of life can help ease them into this new situation. Our dedicated Bergen County, New Jersey child custody lawyer helps clients in the five boroughs and New Jersey. Call 866.937.9990 or contact HD Family Law online today.
Child Custody Lawyer in Bergen County, New Jersey | Serving Clients in NY & NJ
We understand that matters involving child custody are often hotly-contested and frequently require the assistance of a legal professional to sort out. The legal team at HD Family Law negotiates on behalf of our clients while working with their ex-spouse’s attorney to come to an agreement during court negotiations on custody plans and visitation issues. This can allow you and your family to avoid costly and stressful court battles and help protect your children from additional anxiety. Don’t hire just any attorney to help you through such a critical legal matter–hire a competent Bergen County, New Jersey family law attorney from HD Family Law.
Physical Custody Vs. Legal Custody
In both the state of New York and New Jersey, neither parent has the right to the custody of their child and either parent can petition the court for full or joint custody. This is always decided by what’s in the best interests of the child and the court often favors joint custody, when both parents can agree.
There are two different types of custody:
- Physical Custody: Physical custody refers to the physical location where the child will live and with which parent they will reside.
- Legal Custody: The parent with legal custody is the one who is primarily responsible for making major life decisions for the child
As a good parent, it’s understandable that you wouldn’t want your child to spend most of his or her time with their other parent, as you want to continue playing a significant role in your child’s life. However, you should note that legal custody, in many ways, is even more important than having physical custody of your child. Legal custody makes it so you can have a say in your child’s upbringing even if he or she doesn’t primarily reside in your home. For example, with legal custody, a parent can make certain critical decisions on behalf of their child, including the child’s religion, where he or she goes to school, and healthcare decisions.
Important Factors Considered When Determining Custody
Courts will consider various factors when deciding on your child custody agreement, though their primary concern will always be the child’s best interests. Just some of the factors courts consider when determining child custody are as follows:
- The bond the child has with both parents
- The child’s needs, as well as his or her mental or physical health
- The geographic proximity of the parents’ homes
- Both parents’ work schedules
- Whether both parents can provide the child with a safe, stable living environment
- The child’s activities
- Whether one parent has ever done anything to call their parental fitness into question
- If the child is old or mature enough, whether he or she has a preference
- Any other factor the court deems relevant
Providing Support to Your Family
The law presumes it is in the best interest of the child to have a meaningful relationship with both parents, except in cases of abuse and severe neglect. At HD Family Law, we strive to see that the children benefit from the best that each parent has to offer. While aiming to minimize our client’s stress level and the amount of tension usually present in custody and visitation matters.
If an agreement cannot be reached, a judge determines custody and visitation. Our divorce and family law attorneys have a strong track record of producing favorable outcomes for our clients. We are armed with a thorough understanding of how to present the strongest possible case.
Relocation/Move-Away Cases
After courts determine a custody agreement, it’s not uncommon for one parent to want to relocate with the child, perhaps because they got a new job that requires them to move out of state. That said, this typically requires the permission of the non-custodial parent. If the other parent opposes the move, the parent looking to relocate will have to obtain permission from the courts. These matters are frequently quite complicated, which is why any parent facing a matter of relocation shouldn’t proceed without a knowledgeable Bergen County, New Jersey relocation lawyer in their corner.
Contact Our Bergen County Family Law Firm Today
We frequently consult the attorney for the child, guardian-ad-litem, custody experts, or children in custody and visitation cases. Our attorneys have also served as lawyers for children and have personal knowledge of this role and the proper questions to ask. We aggressively defend your parental rights and work for the best possible resolution for your children. Call HD Family Law at 866.937.9990 or contact us online to schedule your initial consultation.
