Bergen County Child Custody Lawyer

Child Custody Attorney In Bergen County

One of the most difficult and emotional areas of family law is that of child custody. These cases are often brimming with conflict, as there are many personal issues that arise between the parents involved in a case. If you and your co-parent are unable to reach an arrangement regarding the custody of your child on your own, you will need to trust the courts to act in the best interest of your child, and a Bergen County child custody lawyer can advocate for your rights.

At The Montanari Law Group, our attorneys are here to guide you through every aspect of your custody case. We offer our clients the support and guidance they need to navigate the legal system involved in these family law situations. For many folks, this will be the first time they enter the Bergen County Justice Center on Main Street in Hackensack, and having an attorney present can offer a sense of calm.

Whether you are a parent in Hackensack, Teaneck, Fort Lee, Fair Lawn, Garfield, Englewood, Bergenfield, Westwood, Ridgewood, Paramus, Mahwah, or Cliffside, the attorneys at our law firm are here to support you when seeking to exercise your parental rights.

Defining Child Custody in Bergen County

According to the CDC, the state of New Jersey has a divorce rate of 2.3 per 1,000 residents. In many of these cases, the custody of any shared minor children will need to be arranged. However, custody can come out of other situations, such as legal separation, when parents are no longer in a relationship with one another, or when parents were never in a relationship.

In New Jersey, there are two main types of custody that can be sought under state law. These include physical custody and legal custody. These kinds of custody can be further broken down as well.

Legal Custody

Legal custody allows the awarded parties to make certain decisions regarding the lifestyle and upbringing of the children involved. These decisions might pertain to the child’s education, religious affiliation, or healthcare. This kind of custody can come in two forms:

• Joint legal custody. This form of legal custody occurs when the judge awards both parents the ability to make decisions regarding their shared child’s upbringing and lifestyle.
• Sole legal custody. This form of legal custody occurs when the judge only awards one parent the ability to make certain decisions when it comes to raising the children. Though this is rare, it can occur when one of the parents is deemed unfit or unable to make wise and safe decisions for their child.

Physical Custody

Physical custody refers to where the child will physically reside. In most cases, it is determined to be in the child’s best interests to split their time between their parents’ residences. However, physical custody can include the following two kinds of custody:

• Joint physical custody. This form of physical custody allows the child to split their time between the two residences belonging to their parents. This is oftentimes the case in custody battles. However, it is important to keep in mind that even in cases of joint physical custody, the split may not be 50/50, and the child may end up spending more time at one parent’s house.
• Sole physical custody. This form of physical custody occurs when the judge awards only one parent physical custody of their child, meaning that the child will only reside with that parent. However, the judge may allow the noncustodial parent certain forms of visitation or parenting time depending on whether or not that parent is safe for the child to spend time with.

In New Jersey, when parents separate, they are required to create a parenting plan, which is a custody arrangement. This plan will set the custody schedule and should address things like:

• The primary residence of the child
• A regular schedule of parenting time
• Vacation parenting time or holiday time and schedules
• The legal custody, or decision-making ability, of both parents
• Each parent’s rights and duties related to their child
• An amount of agreed-upon child support
• Procedures for handling any modifications or disputes that may arise

If parents can agree on a parenting plan together, it must still be reviewed and approved by a family law judge to become a legally binding custody order.

How Bergen County Child Custody Is Determined

When parents are unable to create a parenting plan on their own, the New Jersey courts will make a determination based on what they believe to be in the best interests of the child. There are several factors that the courts will consider when determining the most appropriate child custody and parenting time arrangement, including:

• The safety of the child in the care of each parent
• The needs of the child
• The age and health of the child
• Each parent’s ability to provide a safe and stable home life
• Each parent’s fitness to care for their child
• Each parent’s ability to communicate effectively and cooperate in regards to their child
• The relationship the child has with each parent
• The quality and stability of the child’s education
• The amount of time each parent spent with their child before their separation
• Any history of domestic violence or abuse on the part of either parent
• Any history of substance abuse on the part of either parent

At The Montanari Law Group, we can review your case and help determine what might be in the best interest of your child and how to present this arrangement to a judge.

Speak With a Bergen County Child Custody Lawyer Today

When you are dealing with a custody dispute in Bergen County, New Jersey, it can be difficult to know where to turn or who to trust. At The Montanari Law Group, our attorneys come with years of experience fighting for the parental rights of our clients, and we are ready to do the same for you. Allow us the privilege of hearing your story and determining the right path with which to move forward in advocating for your legal rights. Contact our Little Falls office today.