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When parents go through a divorce in Newark, it can be extremely stressful for the entire family. In an ideal world, couples would have a clean split from each other and move on quickly, enabling a custody situation that benefits both parents and their children. However, heightened emotions often require people to seek out a Newark high-conflict custody lawyer. They can explain your rights as a parent.
Here at The Montanari Law Group, LLC, our attorneys understand the complexities involved with family law. We focus on giving our clients an empathetic legal strategy, tailored to their needs and desires.
With over 20 years of legal experience, our team is devoted to providing our clients with the help they deserve. We represent our clients in custody issues at the Essex County Family Courthouse, located at 212 Washington Street. We offer parents in Newark initial consultations to understand what options are available to them.
Regardless of a parent’s personal feelings, New Jersey law encourages both parents to stay involved in their children’s lives and to share parental responsibilities. Each parent starts with equal rights during a high-conflict custody case. The court can then choose from several custody options based on the family’s situation and high-conflict custody laws.
The court may order joint custody. This is where both parents share legal or physical custody. Legal custody means both parents make decisions about the child’s health, education, and welfare.
Physical custody refers to where the child lives. Joint custody can mean the child lives with one parent most of the time or splits time between both homes.
Another option is sole custody, where one parent has primary responsibility and the other parent gets appropriate parenting time. The court can also create a different custody arrangement if needed.
In 2023, 25% of Newark’s 304,943-person population was under 18 years old. With the 2022 divorce rate in the United States being 7.1 divorces per 1,000 women, many children are faced with a changing family dynamic and custody. The court looks at many factors when deciding on custody arrangements. These include:
If necessary, the court can appoint a guardian or an attorney to represent the child’s interests. If the parents can agree on a custody plan, the court will usually approve it unless it goes against the child’s best interests.
However, for high-conflict custody cases where the parents can’t agree, the court can require each parent to submit a written custody plan. If the court chooses a plan that neither parent suggested, it must explain why it made that decision.
As of 2022, New Jersey had a divorce rate of 2.3 divorces per 1,000 residents. Divorce is one of the hardest things a person can go through. When you and your co-parent can’t agree on custody, it makes it even more stressful.
If you try to fight a high-conflict custody case on your own, it can be detrimental to your rights. It’s important to hire a high-conflict custody lawyer to represent you. Our team knows that no two cases are the same, and every client needs a custom legal strategy.
A: A parent may face serious consequences if they repeatedly or intentionally violate a custody order. A judge may enforce the order by giving make-up time to the other parent or changing the custody schedule. In more serious cases, a judge can find the parent in contempt of court. This can result in fines or even jail time.
A: Yes. Digital communications can support or challenge claims. However, for them to be used in court, they must be authenticated. For example, a text from your ex showing aggressive behavior can be important, but you may also need screenshots, time stamps, or even witness testimony to back it up. Be sure to keep detailed records. Your Newark high-conflict custody attorney can advise you on whether it’s a good idea to use your digital communication as evidence.
A: A custody evaluator is a neutral professional, usually a psychologist or social worker, appointed by the court to assess what custody arrangement is right for the child. Their role is to:
A: A judge may order supervised visitation to make sure a child is safe. This means one parent can only see the child when another court-approved adult is present during the visit. These visits must happen at a court-approved safe location. This arrangement is usually temporary and is used in cases of past abuse, substance use, or mental health allegations.
Your custody case is likely one of the hardest times in your life. The outcome of your case affects not only you but your children as well. Our attorneys understand what’s at stake for our clients. The Montanari Law Group, LLC, offers initial consultations to parents in Newark and the surrounding areas. Contact our team today to learn how we can help you through this difficult time.