Child Custody Attorney
Sea Girt, NJ
For parents facing a divorce or dealing with custody and support decisions, Anthony J. Cafaro, P.C. provides personalized and effective representation to meet all your needs. We understand that you will have questions and concerns along the way. For this reason, we strive to understand the details of your case so we can provide you with the tools and education you need to reach an optimal outcome in your Monmouth County divorce.
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Overview of Child Custody & Support Issues in New Jersey
Child custody arrangements in New Jersey are either joint legal custody, sole legal and physical custody, or shared legal and physical custody. Joint legal custody is the most common because it allows both parents to participate in the child’s life on equal footing. Although one parent serves as the primary residential custodian, both parents make decisions regarding major life decisions affecting the child such as education, recreation, or healthcare.
Sole legal and physical custody means that one parent is the primary residential custodian and also makes all the major decisions affecting the child’s welfare and interests. This arrangement is less common and typically happens when one parent is deemed unfit or is absent from the child’s life.
New Jersey also allows parents to have shared legal and physical custody which means that parents make joint decisions and divide parenting time. This entails creating a parenting plan or schedule that indicates how the child’s time is split between the parents.
Having an experienced Monmouth County divorce attorney to handle these matters is essential to ensure that the health and welfare of your children is protected. Reaching an agreement on issues such as parenting, a parenting schedule, or support payments is trying for any parent and must be handled with the utmost sensitivity. At Anthony J. Cafaro, P.C., we understand this and strive to protect your interests while making the process as smooth as possible.
Contact an Experienced Family Law Attorney Serving Central New Jersey to Have Your Child Support & Payment Questions Answered
Not every attorney gets to know their clients. If you are looking for a compassionate and experienced attorney to guide you through these issues, please contact Anthony J. Cafaro, P.C. today for an initial consultation.
At the Anthony J. Cafaro, P.C., we work with clients that are disputing their current child custody arrangement or trying to establish it for the first time. These cases can be both complicated and difficult but Anthony J. Cafaro, P.C. is experienced and will fight to get you the best possible outcome. If you live in New Jersey, don’t try to resolve your custody situation without the help of a skilled attorney because the judge’s determination can impact the future of both you and your children for years to come. To schedule a consultation, call (732) 449-0449.
When getting a divorce in the 08750 area, you can either try to mediate and negotiate the terms of your divorce or you can go to trial. If you mediate, you should still have an attorney assist you to make sure that your rights are protected and that you don’t agree to something that could hurt you or the kids later on. We can negotiate on your behalf and review the terms of all agreements so that caveats are built in to protect your interests.
If you and your ex cannot agree on a custody arrangement, you will have to go to trial. Anthony J. Cafaro, P.C. is an experienced litigator that can prepare for trial, present a strong case, and advocate for why your proposal is in the best interest of the children. In New Jersey, the judge is tasked with determining what is best for your children, not what is best for each of you. It is difficult, and at times impossible, for the judge to know the answer to this. As a child custody attorney, our job is to present the case in such a way that the judge is exposed to witnesses and evidence that proves why your request is best for the children.
The judge will likely review several factors when making a custody determination including their relationship with each parent and bonds with sibling and close family members. As a child custody attorney in Sea Girt, NJ we recommend preparing to address each one of these issues before you file for divorce or a change in custody. For example, the bond the children have with each parent is typically proven by looking at the amount of time that they spend together and what types of activities they engage in. If you take them to baseball practice two days a week and games on the weekend, this is an example of how you spend time together and have a strong bond. When evaluating relationship with siblings and family members, the same thing applies. You need to demonstrate that a relationship exists by showing how much time they spend interacting. Whenever possible, identify a witness that can testify to the extent of the relationship.
Before making a custody determination, the judge will also look at their school situation and existing routine. When meeting with clients that are about to separate, Anthony J. Cafaro, P.C. typically recommends setting a routine at the beginning that they are comfortable living with later on. A lot of judges in Sea Girt want to keep the status quo because it is potentially easier on the children and the parents. If you set a routine, thinking that it is temporary, it may be what you end up living with it for years into the future. You can always call us at (732) 449-0449 to discuss your ideas prior to approaching your spouse. Simultaneously, if you plan on moving you may want to explore options for doing so first, even if it is only outside of the school district.
Relocation
As a child custody attorney, the most difficult cases we see involve interstate custody issues. When one parent wants to move a child outside of the 08750 area, and the other wants to stay, it creates an immediate conflict and need for litigation. These cases require a lot of preparation and savvy. At the Anthony J. Cafaro, P.C., we understand the complexities of relocation cases and will work to present a strong case for why the children should or should not be able to move based on what our clients’ wishes are.
When making a determination of whether or not the children should be allowed to relocate outside of New Jersey the judge will need to determine if it is in the best interest of the children and whether or not the other parent would be able to maintain their relationship and bond. This is subjective at best, so Anthony J. Cafaro, P.C. uses evidence and witness testimony as much as possible in order to present the case logically instead of emotionally.
Keep in mind that any time a child is moved outside of their school district it is a relocation case. If the judge decides that the children are not allowed to move, the parent may still do so since adults are free to live where they please. If the relocation request is denied and the parent moves anyway, the other parent will assume majority custody and a visitation agreement will need to be established. If you are considering relocation, call and speak with an attorney before you do anything else. You can schedule a consultation by calling (732) 449-0449.
Witnesses
In a custody case it is important to have witnesses that can confirm your version of the story. These can be character witnesses, teachers, coaches, etc. They should testify to the strength of the relationship you have with the children and the activities that you do together. In addition to character witnesses, Anthony J. Cafaro, P.C. will often recommend that you obtain expert witnesses. These are people that are recognized by the court for being experts in their field, and their testimony is assigned a higher value. For example, a counselor could provide expert testimony. A guardian ad litem can also provide testimony. They can be extremely helpful in a custody case because their job is to observe each parent with the children and provide a report on what they saw. In cases where abuse or neglect is suspected, they can provide an inside glimpse into what really happens, something the judge would never see in court. To learn more about how to identify and work with witnesses call (732) 449-0449.