Child Custody Colts Neck
Your Child Custody Attorney In Hazlet, NJ
One of the most difficult issues to resolve after a marriage comes to an end is: who gets custody of the children? The golden rule of child custody disputes across the nation is to do “what is in the best interest of the child.” However, the parents of the child don’t usually agree on what is in the best interest of their child. When that happens, an otherwise “simple divorce” can turn into an ugly, highly emotional custody battle.
That’s why working out a custody agreement is not something that you should try to do on your own. If you and your child’s other parent are not agreeing on child custody, you should consult with Paul N. Mirabelli, Esq.
Paul is sympathetic Colts Neck custody lawyer who can protect your rights and help ensure your child’s best interests are kept front and center throughout the entire proceedings.
New Jersey Custody Law
New Jersey state law does not declare a preference for either parent in disputes over child custody. Years ago, New Jersey gave custodial preference to the mother. But today, both mothers and fathers have equal opportunity to gain full custody if they want it and can prove a compelling case.
In fact, in any family law matter, New Jersey courts will first and foremost consider the best interests of the children in deciding what the custody arrangement will be.
As you go through the custody process, you can expect the court to examine your and your ex-spouse’s parenting skills, willingness provide primary care, ability to provide primary care, current, and past employment, current financial status, place of residence, physical health, mental health, and moral fitness to parent.
If necessary, an experienced Colts Neck custody lawyer can help you assemble compelling evidence to support your request to gain primary custody of your child if that is what you desire.
Your lawyer will absolutely argue against the other parent having any visitation rights if your ex-spouse has a proven history of domestic violence, substance abuse, mental illness, or other behaviors that may put a child’s well-being in danger.
If the child is old enough to express a strong preference to be with one parent over the other, that will be taken into serious consideration by the court as well. In many cases that could be the deciding factor for the courts
Considering Joint Custody
If you and your spouse are divorcing because of irreconcilable differences, then it may be that you agree on most or all parenting decisions. Under favorable circumstances like these, both the mother and father may share either physical custody, legal custody, or both.
The definitions of legal and physical custody are:
- Legal custody. The parent or parents who have legal custody of the child can both have input into decisions that will impact how the child will be raised. A parent who has legal custody can make decisions about where the child attends school, what religion is practiced, what activities or extracurricular activities are pursued, and what type of medical care the child receives.
- Physical custody. This specifies where the child’s primary residence will be. It also determines a schedule for when the child can visit or spend time with the parent not living at the primary residence.
Sometimes, however, parents cannot come to any agreement on child custody. That situation is known as contested custody. At that point, the parents of the child must seek the court’s help in determining a custody arrangement for their family.
Getting the court involved should always be a last resort to resolve a contested custody case. However, having an experienced and compassionate child custody attorney such as Paul Mirabelli by your side can help make the litigation process less stressful and easier to manage. He is committed to protecting your rights and promoting the best interests of your child each step along the way.
Paul Mirabelli Is Here For You
Paul provides straightforward counsel and strong representation for child custody cases in Hazlet, NJ, and the surrounding area. He is a Colts Neck custody attorney who can help you through all stages of the divorce and child custody process.
He has substantial experience in negotiating, establishing, and enforcing child custody agreements. Throughout the process, he aims to minimize animosity between parents so that a fair and productive outcome can be reached in the calmest manner possible.
If you are seeking custody of your child after a divorce, you will need the help of a skilled Colts Neck child custody attorney who will be able to present a strong case for custody on your behalf. Contact Paul Mirabelli for a personalized case evaluation and review of your case.