Child Custody

It’s a nightmare than no parent ever wants to have to face: having to fight for the right to legal custody, parenting/visitation time for your child. Unfortunately, divorcing couples often disagree about who should raise the children, where they should live and who has to pay child support. This can be emotionally devastating; after all, we are talking about your children.

At Graziano & Flynn, P.C., we are ready to handle your child custody case. For many years, we have guided countless families in Cherry Hill and the surrounding Camden County, NJ communities, through this difficult time. We have extensive experience negotiating child custody arrangements. We will explain your rights and fight for your ability to play an active role in your child’s life.

Many spouses contest divorce terms because of issues regarding their children. They often disagree who will have custody, where the children are going to live, who will pay for their needs, and what’s fair regarding visitation for the non-custodial parent.

In most cases, we believe children have the right to enjoy relationships with both parents in the greatest capacity possible. New Jersey family courts take all of the factors regarding family dynamics into consideration when reviewing custody arrangements, child support and alimony. Rest assured, in New Jersey, custody plans focus on the best interests of the children.

As a parent fighting for custody, there are certain steps you should take—and certain behaviors you should avoid—to demonstrate your ability to be a responsible parent. The attorneys at Graziano & Flynn, P.C. can explain these concepts to give you the best chance at a positive outcome.

If both parents qualify for legal custody, joint custody may be ideal for the child. Joint legal custody involves sharing control and care of the child’s upbringing, even though the child lives in one residence. (The parent who lives with the children is also called the parent of primary residence. The other parent is the parent of alternate residence.)

When parents agree to shared physical custody, the child usually lives at both residences, with a nearly equal percent of their time spent with one parent and the rest with the other. However, special arrangements can combine physical and legal custody. There are other types of child custody if parents are unable to work together jointly:

• Temporary custody is not a final custody arrangement. During the court proceedings, the child must live somewhere until the long-term custody agreement finalizes.

• Sole custody means one parent has both physical and legal custody.

• Split custody occurs when there are two or more children, and both parents get sole custody of at least one child, depending on age or specific preferences.

• LGBT custody issues

When parents simply cannot agree on an arrangement that will benefit their children, the court will decide for them. Each parent must submit a copy of their visitation plans and custody suggestions. The judge will consider these carefully and assess evidence, testimony and each partner’s story.

Additionally, the Court will generally order parenting time mediation and ultimately what is called a custody neutral assessment (CNA) by a court-appointed psychologist or social worker. If all of that fails, then a full-blown custody hearing may be necessary with each side presenting testimony including expert testimony regarding the best interests of the children.

Custody laws in New Jersey do not favor mothers over fathers. The courts will investigate both parents’ circumstances thoroughly. The non-custodial parent will likely need to pay child support under a court order. That parent will also be able to file for extensive visitation rights.

It’s also important to note that a history of child abuse or threats to cause harm could greatly reduce the chances of the court awarding custody to a parent. Substance abuse, neglect, chronic mental illness, emotional harm, potential for abduction, inappropriate sexual behavior in front of the child and regular incarceration may also impact a parent’s eligibility.

Child custody is one of the most emotional and intractable issues involved in a divorce. It is also perhaps the most important one. The arrangements you reach can affect your relationship with your children for years to come. That is why it is best to work with an experienced attorney who can help you through the process.

At Graziano & Flynn, P.C., our Cherry Hill lawyers work with parents to resolve child custody and parenting time issues in a way that protects the interests of their children. One of our goals is to shield children from unnecessary conflict, while at the same time protecting your parental rights and your children’s future. After nearly 80 years of combined experience, our attorneys have the skill needed to reach custody and visitation arrangements that benefit children and parents. Ron Graziano, the firm founder, was a certified trial attorney for over 25 years. He has also been named a “New Jersey Super Lawyer” for multiple years.

To talk to a New Jersey child custody lawyer, please call 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.

In many situations, it is healthier for all concerned if the parents can sit down and negotiate a custody and parenting time schedule out of court. This approach tends to reduce animosity, as well as lessen the time and expense involved.

If there is a dispute about physical custody (where the child lives) or legal custody (decision-making authority over the child), and it cannot be resolved through out-of-court means like mediation, then the case will be turned over to a judge. The custody determination will then be made according to what is in the best interests of the child.

Assuming there is no risk of abuse or drug use, both parents are usually considered equally qualified to parent the children. The court then considers dozens of factors in order to decide how child custody should be set. Some of the factors include:

• The amount of time each parent spends with the child
• The school that the child currently attends
• The current residence of the child
• Location of the child’s friends
• The preference of the child, if he or she is old enough
• Stability of the home environment
• Employment of the parents

Once an initial custody determination of custody is made, it can be altered by either parent through post-judgment modification. One of the most common reasons for seeking modification of a child custody agreement is one parent moving out of state. Parents need the permission of the court to move a child out of state. Courts will examine the reason for the move and whether parenting time accommodations can be made. Any parental move-aways, whether out of state or across the state, may trigger changes in parenting time, child support, and even spousal support. We work closely with our clients to establish custody arrangements that are in the best interest of our clients’ children.

Graziano & Flynn, P.C. will fight aggressively for your child custody rights in Mt. Laurel, Cherry Hill, Moorestown and the surrounding Camden County communities in New Jersey. The divorce process is difficult for all involved, and your rights, and those of your children, deserve the utmost protection. Contact our office in Cherry Hill, NJ today for a consultation about your personal family situation.

If you have questions regarding child custody and visitation in New Jersey, please contact Graziano & Flynn, P.C. We can be reached at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.