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Child custody cases can get very complicated, both emotionally and legally, affecting parents and the children involved. If you are dealing with a high-conflict custody case in Bergen County, it’s more important than ever to have a Bergen County high-conflict custody lawyer who can help you do what’s necessary to protect your rights and your children’s best interests.
The legal team at The Montanari Law Group is prepared to help your family and protect your children’s rights. We are a small firm led by founding partner Michael J. Montanari, who has been featured in many prestigious publications, including The New York Times. Our Bergen County family law attorneys have more than 30 years of combined legal experience, and we can take a personal approach to your case. We believe everyone deserves effective representation.
A high-conflict custody case is a child custody case with ongoing arguments, communication breakdowns, and accusations. These cases are often legally demanding, emotional, and time-consuming. Some factors that can lead to a high-conflict custody case include:
New Jersey, along with most other states, has adopted the Uniform Custody Jurisdiction and Enforcement Act to help prevent custody disputes across state lines. Where New Jersey differs from other states is that the courts consider the rights of both parents, and they are encouraged to share parenting responsibilities. Custody options include:
Our child custody attorney in Bergen County can help you determine which custody arrangement would most serve your child’s well-being, and advocate for you before a family law judge if necessary.
Navigating child custody can be challenging for any parent. The stakes are high, and the outcome can have a long-lasting effect on your child. Preparing for a high-conflict custody case can help lead to a positive outcome.
Some things you can do to prepare are:
If you are involved in a high-conflict custody case, don’t wait to get legal help. An experienced child custody attorney in Bergen County will have a better understanding of New Jersey’s custody laws and the legal precedents.
Our legal team can guide you through the complex family court system and help you understand custody laws. We can also help manage communications and negotiations with the other parent to ensure things remain civil and focused on the children’s needs.
Since high-conflict custody cases often require a significant amount of evidence, having an attorney to collect and present the evidence can help ensure your case is credible.
While 90% of custody cases settle out of court due to negotiations, some end up going to trial. If your case goes to court, it will likely be handled by the Superior Court of New Jersey, Family Part in Hackensack, where we can represent your interests.
One of the biggest mistakes in a child custody battle in New Jersey is alienating the other parent or speaking negatively about them in front of the child. Some other mistakes include failing to document and keep records of all communication, including texts, phone calls, and emails, and failing to comply with court orders.
There is no guarantee you will win a high-conflict custody case, but some strategies that can help include hiring an experienced Bergen County high-conflict custody attorney. Focusing on the best interests of the children is also vital, along with documentation. Leaving strong emotions out of any communication with the other parent is also an important strategy.
It can be very difficult to get sole custody in New Jersey if both parents are fit. In order for one parent to get sole custody, they must prove that the other parent is unfit or that joint custody will harm the child. Demonstrating issues such as abuse, neglect, or severe parental alienation requires documentation, a strong case, and skilled legal representation.
New Jersey courts decide custody based on the best interests of the child, not based on gender or solely on income. NJ statute 9:2-4 states that the rights of both parents are considered in custody matters. New Jersey is increasingly awarding shared custody when both parents are active in caregiving.
The legal team at The Montanari Law Group is dedicated to providing you with compassionate legal representation in your high-conflict custody case. Our experienced attorneys understand the complexities of family law and child custody cases, and can guide you through each step of the process with personal attention. Contact us today for a free initial consultation.