Toms River Custody Lawyers Represent Ocean County Parents
Firm seeks to establish appropriate arrangements for children following a divorce
Parents should always focus on the well-being of their children when negotiating custody terms as part of a divorce or the end of a nonmarital relationship. At Rehrer & Rehrer Attorneys at Law in Toms River, we are dedicated to protecting your rights to raise your child in a healthy, thriving environment. We represent New Jersey clients in matters relating to child custody, visitation, grandparent visitation, guardianship and other legal challenges associated with raising children.
Attorneys advise on legal and physical custody terms
In New Jersey, there are two main elements to a custody order: legal custody and physical custody. Legal custody refers to the authority that parents have to decide on critical matters relating to their children, such as religion, education and medical treatment. This power is often shared. Physical custody addresses the child’s residence and sets forth a parenting time schedule with a parent who does not live with the child most of the time.
Whenever possible, it is best for the parties to develop a parenting time plan that puts their children’s needs first and provides clear direction on issues such as holiday parenting time, religious upbringing and transportation between homes. Should parents be unable to reach a compromise on custody arrangements, the resulting order is based on what the judge believes to be in the child’s best interests.
What factors can affect a child custody case?
There is no limitation on what can be considered by a judge when drafting a custody order, but specific factors that must be evaluated according to statute include the following:
- Safety of the child, including any history of domestic violence among the parents
- Parental willingness to cooperate and communicate on key matters involving their child
- The child’s interactions and relationships with their parents and siblings
- Fitness of the parents
- Geographic proximity of the parents’ homes
- Work schedules of each parent
- The child’s preference, if they are mature enough to make an intelligent decision
Each custody decision is made based on its own unique set of factors, which is why it is critical to retain an experienced family lawyer who will work personally with you and advise on what should be most important in your case.
Reliable counselors develop fair parenting plans through mediation
Children are best served when parents maintain a co-parenting relationship. Through the structured process of mediation, couples can often set aside hostility and agree on key decisions affecting their children. Mediation can be a highly effective tool for parents to preserve their children’s well-being and the stability of their lives during the turbulent process of divorce. Resolving parenting issues outside of court also keeps important child-rearing decisions in the hands of the parents rather than a judge. Our attorneys meticulously develop mediation strategies that carefully guide the negotiating process toward a healthy resolution.
Skillful litigation in family court
In some cases, litigation is necessary to protect a child’s best interests. When one parent refuses to compromise or expresses hostility toward the other parent, negotiations fail. Sometimes a parent may even pose a danger to the child’s well-being. In these cases, litigation is the most appropriate forum for establishing parental rights. Our firm’s methodical approach to litigation enables you to feel confident that your children are protected and your parental rights are secure.
When can grandparents establish visitation or custody rights?
Grandparents often play an important role in the lives of young people, but a conflict with the parent of their grandchild might compel them to petition the court for visitation rights. Given that parents usually have the authority to determine whom their son or daughter will spend time with, grandparents seeking visitation must show by a preponderance of the evidence that an order requiring them to have access is in their grandchild’s best interests. Courts use the following factors when evaluating whether to establish grandparent visitation:
- The existing grandparent-grandchild relationship
- How long it has been since the grandparent last saw the grandchild
- Whether the child lives with one or both parents
- Any history of abuse involving the grandparent
- The relationship between the child’s parent(s) and grandparents
It’s important to remember that grandparents must specify how the child will be harmed if visitation is not granted. These petitions are suited to situations where someone who once was close to their grandson or granddaughter now can long longer see them, rather than cases where an estranged grandparent is trying to establish a relationship with the child. Our firm handles these cases, as well as matters where grandparents want to obtain custody of their grandchild because their parents are deceased, incarcerated or unfit.
How does guardianship differ from child custody?
In New Jersey, guardianship refers to the authority that a non-parent adult is granted to make legal decisions on behalf of a minor. A guardianship might be open-ended or established on a temporary basis while a youth’s parent is absent or incapacitated for some reason. In these situations, parents typically retain custody of their children during the period when the guardian handles needs as they arise.
Contact an Ocean County child custody lawyer to discuss your case
Rehrer & Rehrer Attorneys at Law assists South Jersey parents with all types of child custody and parenting time/visitation matters. You can set up a confidential consultation regarding your situation by calling 848-480-1527 or contacting us online. Our office is in Toms River.
