Child Custody Lawyer in Rumson, New Jersey

New Jersey courts make decisions about child custody and parenting time (formerly known as “Child Custody and Visitation”) based on a child’s best interests. Custody laws in New Jersey are gender neutral, giving both parents equal footing in the eyes of the law.

New Jersey has taken this approach because all families are different, and custody arrangements reflect these differences. Ultimately, your custody arrangement will be based on many factors, including: each parent’s pre-existing relationship with the child, each parent’s work schedules, your child’s psychological or other special or medical needs.

Contact the Law Offices of Sylvia S. Costantinto, Esq., LLC today to schedule a free consultation with an experienced child custody lawyer.

Child Custody Options & Guidelines

New Jersey courts can order many different custodial arrangements for children, including sole custody, joint legal custody, and shared legal and physical custody. In New Jersey, child custody consists of two parts: physical custody, which governs where your child will live, and legal custody, which governs which parent or parents have decision-making authority regarding how your child will be raised and cared for, including schooling and medical treatments.

New Jersey Child Custody Options

Joint Legal Custody

This type of child custody arrangement is the most common since it allows both parents to actively participate in their child’s life. Typically, with joint legal custody, one parent serves as the primary residential custodian for the child, and the other parent serves as the alternate. In joint legal custody situations, both parents are responsible for making joint decisions for their children on major issues such as health, education, and general welfare. The primary custodial parent is responsible for day-to-day decisions and should consult with or notify the non-custodial parent when appropriate. The parent who has the child in his or her care at any given time is expected to make decisions that are in the child’s best interest.

Sole Legal and Physical Custody

In a sole legal and physical custody arrangement, one parent serves as the residential custodial parent. That parent makes all major decisions regarding the child (health, education, and welfare), as well as all day-to-day decisions without the need to consult with or notify the noncustodial parent. Sole custody is rarely awarded in New Jersey, except for extreme circumstances in which one parent is deemed to be absent or unfit or in cases where there is a history of child neglect, drug addiction, substantiated DYFS matters, etc.

Shared Legal and Physical Custody

Many New Jersey parents desire this shared child custody arrangement because it represents a more equal division of parenting time. In this custody arrangement, both parents share decision-making power and physical custody. A typical example would be alternating weeks, where one parent has one week with the child and the other parent has the next. Another example of a shared legal and physical custody arrangement could be a schedule where one parent has four days with the child including overnights, while the other parent has three days with the child including overnights.

Finding the Best Custody Option with a Child Custody Lawyer

Child custody issues can be emotionally difficult, and our child custody lawyers will work with you to identify your needs, help you understand your options, and reduce your anxiety throughout this process. We provide you with the education, tools, and guidance you need to make thoughtful decisions to protect the best interests of your family.

We encourage you to call us to request an initial consultation with a child custody lawyer from our family law firm. At your appointment, an experienced family law attorney will thoroughly review all of your options and advise you on the best strategy to successfully address even the most complex child custody issues. After deciding which option is best, you will be assisted in carefully crafting a sensible custody and parenting time plan. This visitation plan will be designed specifically for you and your family and will take into consideration various factors, such as:

Work schedules

Activities

Travel

Childcare needs

Extended family members

And more

No matter which child custody option is right for your family, our child custody attorneys will protect your rights and safeguard your child’s welfare. Contact us today at (732) 741-2600 to schedule a free consultation with an experienced child custody attorney.

Visitation or Parenting Time Plans

In New Jersey, courts refer to time parents spend with their children as “parenting time,” rather than “visitation.” This acknowledges the importance of each parent’s role, regardless of whether a child spends nearly equal time with each parent or lives with one parent most of the time. Whatever your child custody arrangement, there will be various options available for structuring parenting time. If you and your child’s other parents already have a decision about the basic form of child custody you will be following, child custody attorneys at the Law Offices of Sylvia S. Costantino, Esq., LLC. can help you craft a sensible New Jersey parenting plan designed to meet the needs of your family both now and well into the future. Find out about parenting time arrangements.

Examples of Parenting Time Arrangements in New Jersey

Under New Jersey law, co-parents can structure parenting time in any way manageable for them, provided that the plan serves their child’s best interests. Parenting time is linked to physical custody as opposed to legal custody.

While several different physical custody arrangements might work well for your family, most parents begin with one of the following standard formats:

One primary residential parent and one alternate residential parent

Under this arrangement, a child spends the majority of the week residing with the parent who has primary physical custody. The other parent generally follows a fairly traditional visitation schedule, spending alternate weekends with the child. If practical, the “alternate” parent often also has a regular mid-week dinner or other special mid-week activity with the child.

Shared physical custody

Parents who wish to share physical custody can construct a schedule that allows them equal or nearly equal parenting time. This may consist of alternating weeks, or it may consist of shorter blocks of alternating time. While alternating weeks offers simplicity, shorter blocks of time tend to work better for younger children. Some families also prefer shorter blocks because this creates fewer long absences between the child and either parent.

Sole physical custody

When one parent has sole physical custody, visitation may be more limited. If some circumstance exists that makes it in the child’s best interest for visitation to be severely limited or even supervised, the schedule must be tailored accordingly. Parents are rarely locked into such limitations permanently. Courts favor liberal visitation, except when contrary to the child’s best interests.

Constructing a Parenting Time Plan

Crafting a detailed parenting plan requires practical assessment of each family member’s lifestyle. Common considerations include:

The children’s ages and levels of social and emotional development, including any special needs,
How parents divided responsibilities prior to separation,
How any changes in previous arrangements might be phased in so that children feel comfortable and cared for at all times,
Each parent’s current and anticipated work schedule, including available vacation time,
School locations and calendars,
Children’s extracurricular activities,
Childcare needs, and
Anticipated roles of extended family members.

Important Terms to Include in Parenting Time Plans

Parenting plans are most effective when they are specific and detailed. Parents who get along well with one another sometimes want to keep plans general, in the belief that this will provide greater flexibility. While maintaining flexibility will serve parents well, enforcement of vague plans often proves to be difficult or impossible. Having a child custody lawyer navigate you through this process will deter problems regarding Parenting Time in the future.

The best plans are tailored to the needs of an individual family. Among important items to include are the following:

A designation of legal and physical custody,
A description of the time-sharing arrangement,
A description of any changes in time-sharing that will occur during school vacation periods,
Provisions addressing transportation,
Provisions addressing birthdays (both children’s and parents’), as well as special holidays such as Mother’s Day, Father’s Day, and traditional or religious family holidays,
Provisions addressing travel out of the state or out of the country, and
A description of access to and sharing arrangements regarding school and medical records.

What Circumstances can Cause a Child Custody Modification?

For a child custody arrangement to be modified, there must be a substantial change in circumstances. New Jersey courts review the change in circumstances alleged by the party seeking modification to determine whether the change is appropriate for the best interest of the child. Examples of qualifying changes can include:

Major relocation,
Major change in vocation or hours,
Major change in habits that may adversely affect the child (such as drugs and/or alcohol abuse),
And more

Rumson Child Custody Lawyers Providing the Help You Need

Retaining a highly qualified child custody lawyer can help properly position you for parenting time or child custody modification. A seasoned child custody lawyer can also help you fight against an unwanted change. The welfare of your children is always our first priority. Our Rumson child custody lawyers work diligently and efficiently to protect your ever-changing needs—and the needs of your children.

If you believe a change to your existing child custody and parenting time provisions is necessary, our child custody lawyers will evaluate those issues with you, so you can choose the option that is best for you and your family. Take the first steps towards a more secure future with your kids. Call (732) 741-2600 today to schedule a free consultation with an experienced child custody lawyer at the Law Offices of Sylvia S. Costantinto, Esq., LLC.

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About Rumson, NJ

Rumson NJ, a vibrant town teeming with historical charm, is a gem on the Navesink River. Located at 40.3723° N, 74.0040° W, this charming locale offers unique opportunities for local businesses like the Law Offices of Sylvia Costantino, a leading name in the Red Bank Family Law Attorneys industry.

Boasting a population of about 7,000, Rumson is known for its rich history and picturesque landmarks. From the Bingham Hall, a symbol of community spirit, to the Carton-Brewer House that echoes the past, the sights are as diverse as our clientele at Sylvia Costantino's law firm. For those who enjoy the outdoors, a visit to the Meadows at Shrewsbury or a rejuvenating stroll through the Riverside Gardens Park is a must. The local Fair Haven Hotel provides a cozy place to rest after exploring the town.

Just as Rumson takes pride in maintaining its heritage, our law firm is committed to ecological sustainability. By using recycled materials for office supplies and adopting sustainable practices, we contribute positively to Rumson's eco-conscious community.

Covering diverse neighborhoods, from Black Point Road to Rumson Road, our firm serves clients across town. Our understanding of local regulations ensures customers in Bingham Avenue or Buena Vista Avenue can rely on our fully compliant services.

Around Rumson, unpredictable climate changes can influence family law matters too. With temperatures varying from the mid-80s in summer to the low 20s in winter, our office ensures our clients around Rumson have the information and support they need to navigate these considerations.

Whether you're in Bellevue Avenue, or the heart of Rumson at Center Street, the Law Offices of Sylvia Costantino is here to offer tailored Red Bank Family Law Attorneys solutions to meet your needs. Come and experience the benefits of our services in the context of Rumson NJ, a town rich with local charm and a deep sense of community spirit.

(732) 741-2600

58 Rector PlaceRed Bank, NJ 07701

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