Child Custody Attorney Serving Bergen County and Northern New Jersey
When the marriage has produced children, the issue of child custody may be the most important aspect of the divorce to decide. It may also be the issue with the strongest emotional attachments and potentially the most contentious. Herbert & Weiss in Moonachie provides thoughtful, experienced child custody lawyers with the ability to effect creative, workable solutions and who vigorously fight for the parental rights of our clients regarding their children in New Jersey divorce cases.
Child Custody in New Jersey
While some form of shared or joint custody is generally favored by the courts, it is still possible that the court will grant sole custody to one parent alone. In such cases, the noncustodial parent is usually still afforded some visitation rights, although supervised visitation can be ordered if there is any history of abuse or some other compelling reason. Even in joint custody arrangements, the division of parenting time is rarely equal, and one parent generally assumes the responsibility of primary custody.
There are two types of child custody that must be considered – legal and physical. Physical custody refers to the actual possession of the child for certain periods of time, while legal custody involves the right and responsibility to make decisions concerning the child’s education, healthcare, religious upbringing and other important aspects of child-rearing. The court can award joint or sole physical custody or legal custody, depending upon what the judge deems is in the best interests of the child. It is crucial to have effective representation and let your voice be heard in any child custody hearing.
New Jersey Child Support
New Jersey law incorporates the income shares model of child support, reinforcing the legal principle that both parents are financially responsible to care for their children. The income shares model recognizes that each spouse’s contribution to the combined household income equals that person’s relative share of the expenses. Once the couple has divorced, however, the custody and parenting arrangement may no longer be equal, and the relative costs of raising the children may no longer be equal as well.
Having experienced, effective legal representation in the determination of child support is essential to making sure the spouses’ incomes are properly reported and that the factors used to determine the costs of raising the children (food, clothing, healthcare, transportation, entertainment, etc.) are fairly and accurately arrived at. It is also important to know that the family law judge has the authority to deviate from the statutory guidelines and set a different amount of child support, if the judge believes deviating from the formula is in the child’s best interest.
New Jersey Child Custody and Support Attorneys Addressing Your Unique Needs
The divorce attorneys at Herbert & Weiss are prepared to handle all the issues which may arrive in the determination of child custody and support, including shared parenting and split parenting arrangements and other special needs the family may have, from a child’s special educational needs to the expense of elder care for a parent of one of the divorcing spouses. We know that every case is unique and do not try to offer cookie-cutter solutions. We take the time to fully understand and analyze all the issues in the case in order to best represent our clients. In Bergen County and northern New Jersey, contact a child custody attorney at Herbert & Weiss in Edgewater and Moonachie to discuss the important issues in your divorce, including child custody and child support.