Union County Child Custody Attorneys

For parents, child custody may be the most significant issue in a divorce case. Parents and courts work to mitigate the effects of a divorce on the family. When a couple cannot come to terms over child custody, they can easily find themselves battling out this matter in court. Understandably so, a parent’s time with their child is precious. While they have grown accustomed to seeing their child every day, the idea that their time may be split can be overwhelming, sometimes unbearable. Furthermore, many couples experience a difference of opinion regarding the contribution of the other. Whether both work or one takes care of the home while the other is focused on a career, they both have equal rights to custody in court. Though one parent believes themselves to be the primary caretaker, the courts will decide on the matter with equal entitlement in mind. When facing such a significant legal issue, it is important to retain the services of an attorney that can effectively represent your legal needs in and out of court. Ross & Calandrillo is an experienced Union County child custody law firm. We are compassionate and skillful in our practice of family law. We are ready to ease your stress while guiding you through tough times. For zealous legal representation, contact Ross & Calandrillo for a consultation to discuss your matter.

Legal custody

Legal custody is the most important part of a child custody case. Legal custody is one of the most critical factors in protecting a parental relationship. It is the right to make the most significant decisions in a child’s life, including issues like health, education, religion, and general welfare. Most cases end in a joint legal custody arrangement unless the court is provided convincing factors to sway them otherwise.

Physical custody

Physical custody is frequently the reason parents go to court over custody. While most parents understand that the other is entitled to legal custody, where the child will live more of the time is often the crux of the litigation. Physical custody, also known as residential custody is where the child will sleep more nights per week. When a couple litigates a custody case, a judge will determine who will be awarded the title of primary caregiver.

Sole custody

When a parent wins both sole legal custody and sole physical custody, they have sole custody of the child. These cases are very rare and are saved for when a parent is deemed unfit by a court for a wide range of issues. Even when a parent has sole custody, the non-custodial parent still has visitation rights, though limited. If you were to lose custody altogether, your relationship will be seriously diminished, and you need a family law attorney who can protect your visitation rights and your future ability to become a guardian once again.

Important factors of a child custody case

There are many factors that a court will consider when deciding on custody. These can include, but are not limited to:

• The ability for parents to cooperate and communicate regarding the child
• The parents’ acceptance of custody and the other’s right to parenting time
• The bond between the child, parents, and siblings
• Any history of domestic violence
• The needs of the child
• The preference of the child if deemed able to make a reasoned, intelligent decision
• Home stability
• The child’s academics
• The parents’ ability to be guardians

Modifying Child Custody in New Jersey

Child custody arrangements in New Jersey are not necessarily permanent. If circumstances change in a significant way, either parent can petition the court to modify custody orders. The court’s guiding principle is always the best interests of the child, and modifications are only approved if they support the child’s safety, stability, and well-being. Common circumstances that may justify a change, or, in severe cases, the termination of custody, include the following:

• Substantial change in circumstances: Any major life change affecting the child’s welfare, such as relocation, job loss, or a shift in living arrangements, may prompt the court to reconsider custody.
• Evidence of abuse or neglect: If one parent engages in physical, emotional, or sexual abuse, or fails to provide proper care, the court can reduce or remove their custodial rights to protect the child.
• Substance abuse issues: Persistent drug or alcohol misuse that impacts a parent’s ability to safely care for the child can lead to a modification or termination of custody.
• Criminal activity: Arrests, incarceration, or involvement in dangerous or unlawful behavior can cause the court to reassess a parent’s custody status.
• Parental alienation: Intentional interference with the other parent’s relationship with the child can be grounds for modifying custody.
• Failure to comply with court orders: Consistently ignoring visitation schedules, parenting plans, or other custody-related orders can result in a loss of custodial privileges.
• Changes in the child’s needs: Evolving educational, medical, or emotional needs may require adjustments to custody arrangements.
• Parental relocation: Moving a significant distance away without agreement or court approval may warrant a modification to ensure stability for the child.
• Voluntary relinquishment: In some cases, a parent may willingly give up custody due to inability to care for the child.
• Endangerment of the child: Any behavior that places the child in immediate danger can justify an emergency change or termination of custody.

When seeking a modification, the requesting parent must provide convincing evidence that the change will benefit the child. Courts approach these cases with caution, aiming to preserve stability while protecting the child from harmful situations.

Contact Our Child Custody Attorneys in Union County

It is understandable that child custody is one of the most significant legal issues in a divorce. When facing such an important issue, it is critical to have quality legal support. Ross & Calandrillo is a compassionate and effective legal team serving clients across New Jersey. Our firm understands that divorce can be stressful, and we are ready to represent your needs and protect your rights through every step of the process ahead. When experience matters, contact Ross & Calandrillo for a consultation.