Custody of children can be an issue during, after, and independent of the divorce process. Whether child custody cases involve disputes over physical and/or legal custody matters, the courts will step in when parents, guardians, or others are unable to resolve the issues on their own. At this point, Monmouth County courts will always focus on making decisions that serve the best interests of the child or children involved in the case.
The Monmouth County child custody lawyers at Dwyer, Bachman, Newman & Solop 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.
Grandparents’ Rights & Visitation
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:
Parents cannot prevent grandparents from asserting their rights: Even if parents or legal guardians object to grandparents having visitation, the courts can still be open to granting it as long as it is in a child’s best interests. In other words, a parent’s objection alone will not preclude grandparent visitation.
Grandparents are not the only ones who can assert visitation rights: The same laws that grant grandparents’ visitation rights in New Jersey also extend the same rights to the siblings of a child.
The process of seeking visitation can be complicated: From filing court petitions to serving other parties, going to mediation, and presenting a case in court, there can be a lot involved in grandparents’ visitation cases. Being prepared for the process and having the representation of a skilled lawyer can be important to the success of these cases.
Once granted, grandparent visitation can be modified: If circumstances change in the future, a grandparent, a parent, or a legal guardian can go back to court to request a modification to the visitation orders. Revocations can be also be sought by parents and legal guardians, under certain grounds.
Child Custody Enforcement
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:
You still have to abide by the terms of the parenting plan: Just because one parent doesn’t follow a court’s orders regarding custody does not give you the right to violate them as well. If you do, you can face your own penalties, and you can lose crucial ground in a custody battle.
Mediation may be ordered first: The courts often want parents to try to work out disputes on their own, so mediation is generally the first recourse when either parent alleges the other has failed to comply with the terms of a parenting agreement.
Court penalties can be stiff: Depending on the nature and severity of the violations, the court may order fines, community service, and/or jail time. Typically, penalties are harsher for repeat or especially egregious violations.
Father’s Rights
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.
Modification to Child Custody
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:
Child Relocation
The reasons for and against the relocation
The age, health, and fitness of both parents
The impact the relocation may have on the child’s relationship with other relatives
The child’s wishes, if he or she is mature enough to explain his or her preferences to the court
Any history of abuse or domestic violence in either household
Whether the custodial parent seems likely to encourage the child’s relationship with the noncustodial parent after the move
Any other factor that could impact the child’s best interests
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, Newman & Solop Attorneys at Law.
Child Visitation
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:
The court may order supervised visitation when that is deemed to be in the best interests of the children.
Visitation arrangements are not set in stone. They can be modified in the future if circumstances for either parent or legal guardian change significantly.
Contact an Experienced Red Bank Child Custody Attorney at Dwyer, Bachman, Newman & Solop Attorneys at Law
When it’s time to resolve any issue related to child custody in Monmouth County, it’s time to contact a Red Bank child custody lawyer at Dwyer, Bachman, Newman & Solop Attorneys at Law. Our boutique family law firm is home to talented, trusted attorneys who are known for their dedication and compassion, as well as their expertise and record of success.
Backed by more than 100 years of combined family law experience, our team is skilled at providing tireless, fierce advocacy to protect our clients’ rights and interests in simple and complex child custody cases alike.
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:
Advise you at every step, empowering you to make informed decisions regarding your case, your family, and your future
Champion your rights in any legal setting, from mediation to arbitration and court proceedings
Present the strongest possible case while setting it up for the best possible outcome
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.
Frequently Asked Questions
Navigating the child custody process in Red Bank can be challenging. It typically involves several stages, including mediation, court petitions, and possibly trials. Our team focuses on achieving outcomes that align with your child's best interests. We'll help you understand each step, from establishing paternity in father's rights cases to handling complex child relocation issues. Our Monmouth-based child custody attorneys are committed to representing your interests effectively in these sensitive matters.
In Monmouth County, grandparents play a vital role in children's lives, and the law acknowledges this. Grandparents can assert visitation rights even if opposed by parents, as long as it benefits the child. Our Red Bank child custody attorneys are adept at navigating these delicate scenarios, ensuring the legal process respects your family's dynamics and prioritizes the children's well-being.
Life changes can necessitate modifications to child custody orders in Red Bank. Whether you're dealing with a new job, health issues, or other major life events, our child custody attorneys at Dwyer, Bachman, Newman & Solop Attorneys at Law can assist you in navigating the legal aspects of modifying custody orders. We're committed to finding solutions that accommodate your changing circumstances while prioritizing your child's best interests.
Additional Information in Red Bank, New Jersey
Visitation rights for grandparents or siblings - Legal information about visitation rights for grandparents or siblings in New Jersey. It details the circumstances under which grandparents or siblings of a child residing in New Jersey can apply for visitation rights through the Superior Court.
Children’s Best Interests in Custody Cases - A comprehensive resource that delves into the concept of 'best interests of the child', a crucial factor in custody cases, offering insights for parents and legal professionals.
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