Representing clients facing contested child custody matters
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, LLC 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, LLC for a consultation to discuss your matter.
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 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.
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 an 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
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Contact an experienced child custody attorney
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, LLC 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. When experience matters, contact Ross & Calandrillo, LLC for a consultation.