Custody of children can be an issue during, after, and independent of the divorce process. Child custody disputes are often the most emotionally charged issues in a divorce case, as they involve critical decisions about where children will live and who will make important decisions about their upbringing. Whether parents are grappling with physical custody (where the child lives) or legal custody (who makes decisions for the child), these issues can quickly escalate when both parties cannot agree.
When disputes arise, it’s often beneficial for parents to explore alternative methods of resolution. Mediation can be an effective way to resolve child custody issues without going to court, offering a more cooperative and less adversarial approach. In mediation, parents work with a neutral third party to come to a mutual agreement that serves the best interests of the child. This process can help reduce conflict and create a more amicable environment for resolving custody matters.
However, when mediation fails or is not suitable for the case, when both parties cannot come to an agreement, arbitration may provide a faster solution than litigation. Arbitration allows a neutral arbitrator to make a binding decision on the dispute, which can save both time and resources compared to a full court trial. This is particularly useful in cases where tensions run high, and parents need a swift resolution to move forward with their lives.
Beyond custody issues, spousal support arrangements may also impact child custody decisions, as the financial well-being of the parents can influence the court's decision regarding what is in the best interests of the child. Additionally, post-divorce modifications to child custody agreements are common as circumstances change for parents or children over time. As children grow, or as parents' situations evolve, modifications to custody agreements are often necessary to reflect the current needs of the family, ensuring that the child’s well-being remains the priority.
The Monmouth County child custody lawyers at Dwyer Bachman Attorneys at Law are here to help you whenever custody issues arise. We know how sensitive and important child custody cases can be, and we are highly effective at asserting our clients’ rights and protecting their interests throughout these cases.
New Jersey law recognizes the uniquely positive relationships grandparents can share with their grandchildren. As such, the law and family courts support grandparents’ rights to visitation with children whenever that serves the best interests of the children involved. When it comes to grandparents’ rights and visitation in Monmouth County and throughout the state, it’s essential to understand that:
Parenting plans are more than just detailed guidelines for co-parenting children. They are also legally enforceable court orders. That means that, if one parent violates a parenting plan, the other parent can take action to enforce the custody orders and possibly have punitive actions imposed on the non-compliant parent.
With custody enforcement cases, it’s essential to know that:
Fathers have no fewer rights than mothers to custody, visitation, and child support under New Jersey law. To exercise your fathers’ rights in Monmouth County, however, you need to first establish paternity. That can be done through voluntary acknowledgment or a paternity action, which involves the court and DNA testing.
Once paternity is established, fathers will have the right to seek visitation and/or custody. When they do, they should be focused on showing that sole or joint custody with them serves the child’s best interest. That can require various evidence and possibly even expert witness testimony. No matter what is needed to advance a father’s rights in a custody case, however, an experienced child custody attorney can help.
Once custody orders have been issued by the court, it is possible to get them changed. These modifications are usually pursued when either parent experiences a significant life change, like getting a new job, being diagnosed with a new health condition, or having a new child.
As with any custody matter, modifications can be complex, there’s a lot on the line, and you may only get one chance to seek the outcome you want. Whether you’re seeking to obtain or block a modification to custody orders in Monmouth County, NJ, make sure you know what to expect, so you’re prepared and ready to present a better case.
When a custodial parent needs to make a major move, any objection from the noncustodial parent can bring the case to family court. Child relocation cases often get heated, and courts will usually consider an array of factors when deciding whether to grant or deny these requests. Some of the factors taken into consideration by family court judges include:
To win these cases, the custodial parent or the noncustodial parent will have to be able to show that their wishes support the child’s best wishes. No matter what side of these fights you are on, you need a Red Bank child custody lawyer at Dwyer Bachman Attorneys at Law.
New Jersey courts appreciate the special, unique relationships mothers and fathers share with children. That’s why family court judges try to preserve those relationships and give both parents time with a child whenever there are custody disputes. Sometimes, that means 50-50 joint physical custody. Other times, it results in one parent, the custodial parent, getting most time with a child. The other (noncustodial) parent can be granted visitation.
With visitation cases, it’s important to know that:
Call (732) 863-2463 for essential legal advice and exceptional representation in your child custody case.
Our Red Bank child custody attorneys are ready to balance your emotional and financial needs, helping you figure out the best course(s) of action to help you achieve your objectives. We can also:
You don’t have to face the difficulty of child custody cases alone. The sooner you contact our firm, the sooner we can start advising, supporting, and representing you.
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