NJ Child Custody Lawyer | Parenting Time Attorney

Child Custody Attorney Serving New Jersey Parents

Child custody disputes in New Jersey are resolved under the best interests of the child standard established in N.J.S.A. 9:2-4. The statute sets forth 14 factors that courts must evaluate when making custody and parenting time determinations. New Jersey distinguishes between legal custody (the right to make major decisions about the child's education, healthcare, and welfare) and physical custody (where the child primarily resides). The court can award joint or sole custody in either category based on the specific circumstances of the family.

Agarunov Law Firm represents parents in custody proceedings throughout New Jersey, including initial custody determinations in divorce cases, custody disputes between unmarried parents, modification of existing custody orders, and relocation cases. Our Englewood office at 285 Grand Avenue serves families in Bergen County and northern New Jersey.

The 14 Best Interests Factors in NJ Custody

New Jersey courts evaluate custody based on statutory factors that include the parents' ability to agree and cooperate on child-related issues, the interaction and relationship of the child with each parent and siblings, the safety of the child and either parent from physical abuse by the other parent, the preference of the child if of sufficient age and capacity, the needs of the child, the stability of the home environment, the quality and continuity of the child's education, the fitness of the parents, the geographic proximity of the parents' homes, the extent and quality of time each parent spent with the child before separation, the parents' employment responsibilities, and the age and number of the children.

No single factor is determinative. The court weighs all relevant factors to reach a custody arrangement that serves the child's overall well-being. We present evidence on each applicable factor to support our client's custody position.

Types of Custody Arrangements in New Jersey

Joint Legal Custody

Joint legal custody is the most common arrangement in NJ, under which both parents share decision-making authority on major issues affecting the child including education, healthcare, religious upbringing, and extracurricular activities. Joint legal custody requires a degree of cooperation between parents, and the court evaluates each parent's willingness and ability to communicate and make joint decisions.

Sole Legal Custody

Sole legal custody gives one parent the exclusive right to make major decisions for the child. Courts award sole legal custody when the parents are unable to cooperate on decision-making, when there is a history of domestic violence, or when one parent has been absent or uninvolved. The non-custodial parent typically retains the right to access the child's records and be informed of major decisions.

Physical Custody and Parenting Time

Physical custody determines the child's primary residence and the parenting time schedule. New Jersey courts recognize that meaningful contact with both parents is generally in the child's best interest. Parenting time schedules range from equal time-sharing arrangements to traditional schedules with alternating weekends and midweek visits. The court tailors the schedule to the family's circumstances, including the parents' work schedules, the child's school schedule, and geographic distance between homes.

Custody Modification

Existing custody orders can be modified when there has been a substantial change in circumstances that affects the child's best interests. Common grounds for modification include relocation of a parent, changes in a parent's living situation or employment, the child's changing developmental needs, and concerns about safety or fitness. The parent seeking modification bears the burden of demonstrating the changed circumstances. We represent parents seeking modification and parents defending against modification requests.

Relocation Cases

When a custodial parent seeks to relocate with the child, the other parent can oppose the move under Baures v. Lewis, the leading NJ relocation case. The relocating parent must demonstrate a good faith reason for the move and that the move will not be inimical to the child's best interests. The court evaluates factors including the reason for the move, the relationship between the child and the non-relocating parent, the feasibility of a modified parenting time schedule, and the child's preference. We handle relocation cases for both the moving and non-moving parent.

Why NJ Parents Choose Agarunov Law Firm

Experienced with NJ best interests standard and the 14 statutory custody factors.
Handle initial custody, modification, relocation, and enforcement proceedings.
Englewood office serving Bergen County families.
Licensed in both NY and NJ for custody matters crossing state lines.
Free initial consultations for all custody matters.

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NJ Child Custody FAQ

Does NJ favor mothers in custody decisions?

No. New Jersey law does not presume that either parent is better suited for custody based on gender. The court evaluates the 14 statutory best interests factors without any gender-based preference. Both mothers and fathers have equal standing to seek custody and parenting time.

What is the difference between legal custody and physical custody?

Legal custody refers to the right to make major decisions about the child's upbringing, including education, healthcare, and religious matters. Physical custody refers to where the child primarily lives. A parent can have joint legal custody but sole or primary physical custody. The arrangements are determined independently based on the child's best interests.

At what age can a child decide which parent to live with in NJ?

New Jersey law does not set a specific age at which a child can choose. The child's preference is one of the 14 statutory factors, and the court gives it weight based on the child's age and maturity. Older teenagers' preferences carry more weight, but the court is never bound by the child's stated preference and always considers the full range of best interests factors.

Can I modify a custody order in New Jersey?

Yes. A custody order can be modified if there has been a substantial change in circumstances that affects the child's best interests. Examples include a parent's relocation, significant changes in a parent's living situation, the child's changing needs, or safety concerns. The parent requesting modification must demonstrate the changed circumstances to the court.

What happens if my co-parent violates the custody order?

If a parent violates a custody or parenting time order, the other parent can file a motion for enforcement with the court. The court can hold the violating parent in contempt, modify the parenting time schedule, award make-up parenting time, and in serious cases, change the custody arrangement. Documenting violations is important for enforcement proceedings.

Can a parent move out of state with the child in NJ?

A custodial parent seeking to relocate out of state with the child must either obtain the other parent's consent or court permission. Under Baures v. Lewis, the court evaluates the reason for the move, the impact on the child's relationship with the non-moving parent, and whether a revised parenting time schedule can preserve that relationship. Relocating without permission or court approval can result in serious legal consequences.

How is parenting time determined in NJ?

The court establishes a parenting time schedule based on the child's best interests, considering factors such as the child's age, school schedule, each parent's work schedule, geographic proximity, and the quality of each parent's relationship with the child. Schedules range from equal shared time to arrangements with one primary residence and regular visitation with the other parent.

New Jersey Child Custody Lawyer