Burlington County Child Custody Lawyer
The amount of time your children spend with you and your former spouse, the way your children will be raised, and all other issues involving your children are some of the most important factors that must be addressed in a divorce.
At The Law Firm of Michael S. Rothmel, LLC, we recognize this and provide clients with the straightforward advice and innovative legal strategies they need to ensure the best interests of their children are met. For more than two decades, we have served the needs of families in Burlington County and nearby communities in South Jersey when they have legal needs related to divorce and child custody.
Custody Issues In New Jersey
When you retain our firm, we help you understand custody-related issues such as:
- Parenting time: Parenting time was formerly referred to as visitation or visitation rights. Regardless of what it is called, it refers to the schedule that parents are expected to follow to let the children spend a specified number of days or amount of time with each parent.
- Residential custody: New Jersey recognizes two types of custody – residential and legal – with residential custody determining the child’s living situation. The parent with primary residential custody is responsible for making day-to-day decisions for the children. Having an experienced lawyer on your side during the divorce can be an important factor in whether physical custody is split 50-50, assigned solely to one parent or divided some other way in the best interests of your children.
- Legal custody: Legal custody is the other type of custody in New Jersey. The law favors joint legal custody in which both parents consult regarding decisions involving the health education and welfare of their children. Violating joint legal custody can have serious implications ranging from selection of counselors to paying for college.
Residential and legal custody may be granted exclusively to one parent (sole custody) or divided in some other way (joint or split custody).
Frequently Asked Questions About Child Custody
Navigating child custody arrangements can be complex and emotionally challenging. Here, we address some common questions to help you understand the process and make informed decisions for your family.
How is parenting time determined in a New Jersey custody arrangement?
In New Jersey, parenting time, formerly known as visitation, is determined based on the best interests of the child. Courts encourage parents to collaborate on a schedule that allows both parents to maintain meaningful relationships with their children. If parents cannot agree, the court may establish a schedule considering factors such as each parent’s availability, the child’s needs, and the existing family dynamics. Having experienced legal guidance can be crucial in advocating for a fair arrangement that prioritizes your child’s well-being.
What is the difference between legal and physical child custody in New Jersey?
In New Jersey, legal custody refers to the right to make important decisions about your child’s upbringing, including education, health care, and religious training. Joint legal custody is favored, allowing both parents to collaborate on these decisions. Physical custody, on the other hand, determines where the child resides on a day-to-day basis. This can be sole, where the child lives primarily with one parent, or joint, where the child spends substantial time with both parents. Understanding these distinctions is essential for developing a custody plan that supports your child’s needs.
Can custody arrangements be modified after they are initially set?
Yes, custody arrangements in New Jersey can be modified if there is a significant change in circumstances that affects the child’s well-being. Such changes might include relocation, changes in the parent’s employment, or shifts in the child’s needs. To modify an existing custody order, the requesting parent must demonstrate that the change is in the child’s best interests. It is advisable to seek legal counsel when pursuing a modification, as an experienced attorney can help present a compelling case to the court and ensure that your child’s welfare remains the priority.
Can grandparents or other relatives seek custody or visitation rights in New Jersey?
In New Jersey, grandparents and other relatives may seek custody or visitation rights under certain circumstances. They must typically demonstrate that granting them custody or visitation serves the child’s best interests. For custody, relatives often need to show that the child’s parents are unfit or unable to provide adequate care. For visitation, grandparents can petition the court if they have a pre-existing relationship with the child and believe continued contact is beneficial. Consulting with an experienced family law attorney can help relatives understand their rights and navigate the legal process effectively.
How can a lawyer help me with my child custody case?
An experienced child custody lawyer can provide invaluable support and guidance throughout your case. They help you understand your rights and the legal intricacies involved in custody arrangements. An attorney can assist in negotiating and drafting a parenting plan that aligns with your child’s best interests and advocate on your behalf in court if an agreement cannot be reached. They can also help present evidence for modifications or address any violations of custody orders. Having professional legal support ensures that your case is handled efficiently and effectively, prioritizing your child’s welfare.
Arrange A Consultation With An Experienced Child Custody Attorney
Contact us at 609-288-2187 to schedule a consultation with family law attorney Michael Rothmel and get all the information you need to make well-reasoned decisions about your situation.