Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Monmouth County Child Custody Issues

When it comes to litigation in the court system, almost no area of law is as fiercely contested as child custody. That is because our children are incredibly important to us as parents, and we want to make sure that our children are well cared for.

When a relationship is ending, either through divorce or separation it is important to ensure that your rights as a parent are protected and you can continue your relationship with your child.

If you are involved in a custody dispute in Monmouth County, or simply have a question about how custody can be impacted by a divorce or separation, contact an experienced and dedicated child custody lawyer.

Child Custody Issues in Monmouth County

There are many issues that can affect custody over a child, and a Monmouth County lawyer who specializes in child custody issues can help with any of the following:

  • Adoptions
  • Child support
  • Custody and visitation
  • Child relocation
  • Department of Child Protection and Permanency
  • Enforcement of support and custody orders
  • Family Mediation
  • Grandparents’ custody and visitation
  • Parental rights
  • Parenting Plans
  • Paternity and fathers’ rights
  • Parental terminations
Custody Rights in Monmouth County

When it comes to children, custody is an important issue. That is because when a parent or parents have custody over their child they have a constitutionally protected right to make important decisions about their child’s life.

This can include major decisions such as, where they go to school, what religion they may be, but it also largely deals with a parent’s right to make everyday decisions about a child’s life such as if they will be allowed to go to their friend’s house for dinner, and the types of clothing they will wear.

However, while it is a constitutional right to have access to and the companionship of one’s child, custody over a child often becomes a major point of contention when a marriage or relationship breaks down.

Joint vs. Sole Custody

Joint custody may refer to the legal custody of a child (the decision making regarding the child’s everyday life) or to the physical custody of a child. Often it means that the child will reside with one parent primarily but spend time with the other parent frequently or alternatively reside with the other parent.

Sole custody determinations mean that one parent will have either sole legal or sole physical custody or sometimes both. In Monmouth County, the parent who is the sole custodian has the authority to make important decisions about the child’s life, and additionally, this parent will have physical custody of the child.

However, in most cases, the parent who is considered the noncustodial parent would still be permitted to have appropriate parenting time.

Factors and Important Considerations in Child Custody Cases

Almost no legal matter is as emotionally charged and as those affecting our children’s’ lives, and parents’ rights to their children. When a court is making a custody determination, there are numerous factors the court will take into consideration such as:

  • The wishes of the parents
  • The mental and physical health of all parties involved
  • How the child adjusts to their environment in school, home or the community
  • History of violence by either of the parents
  • The relationship between the child and each parent
  • The home environment each parent can provide for the child
  • The recommendation by an expert witness

Sometimes the court will take into consideration whether the child has any preferences, however, this is normally only when the child is of a sufficient age that they can show rational thought. Regardless of whether the child has expressed a desire to be with one parent, it is very unlikely that the court will exclude the other parent.

Help from an Attorney

If you have issues affecting your rights as a parent to have custody and a continuing relationship with your child, contact one of our dedicated and compassionate Monmouth County family lawyers.