Children often act as the glue that keeps a relationship together, but when the relationship breaks down and the adults go their separate ways, a decision must be made about what happens to the children. Who gets to keep the children born of the marriage? How much access can the non-custodial parent have? Who makes decisions about the welfare of the children? These are all questions that must be addressed in a divorce or separation case. Our child custody attorneys at Nitti & Nitti can help you create solutions to address these questions.
Why Choose A Child Custody Lawyer From Nitti & Nitti?
Our Essex County family law attorneys understand how emotionally demanding child custody can be for the parents and children involved. We provide tailored legal solutions with a personal touch.
Our goal is to help you navigate complex family law issues and pursue favorable results.
We are skilled in mediation and collaborative law.
If you are going through a divorce or separation and are anxious about child custody, let us put our 30+ years of experience to work for your interests. Call us today at (973) 226-4141 to schedule a meeting with one of our experienced attorneys.
How Do The Courts Determine Child Custody?
Historically, courts gave preference to mothers when awarding child custody, but that is no longer the case. Courts now give the utmost consideration to what is in the best interest of the child. To make a determination, courts will look at factors such as:
the parent’s ability to agree, communicate and cooperate in matters relating to the child
any history of domestic violence
the safety of the child and the safety of either parent from physical abuse by the other parent
the preference of the child if the child is old enough to reason and form an intelligent decision
the stability of the home offered
the quality and continuity of the child’s education; and
the extent and quality of the time spent with the child prior to or subsequent to the separation
The Difference Between Physical and Legal Custody
Child custody can be further broken down into physical and legal custody. Physical custody refers to the parent’s right to have physical custody of the child, while legal custody refers to the right to make critical decisions as to the welfare of the child. Parents can be awarded sole or joint custody of the child. When sole custody is awarded to one parent, the other parent will usually have visitation rights unless there are reasons against doing so.
It is more common these days for parents to be awarded joint custody of the minor children from the relationship, with one parent designated as the parent of a primary residence. A joint custody award requires that the parents work out an equitable schedule which is then presented to the court. This is where the expertise of an experienced family law attorney can be very useful in mediating an arrangement that both parties are happy with. If the parents are unable to reach an agreement on their own, then the court will impose its own schedule to satisfy the joint custody award.
How a Family Law Attorney Can Help You?
Sometimes, even when the parents agree to act in the best interest of the children, they can have differences of opinion on what constitutes the best interest. An experienced family law attorney can work with you to get the best result possible. Our attorneys at Nitti & Nitti are trained in collaborative law and will get you to a winning outcome without acrimonious litigation.
Contact An Essex County Child Custody Lawyer Today
If you’re in Essex County and need assistance with your child custody case, call us at (973) 226-4141 or click here for more information.
