Morris Plains Child Custody Attorneys

Protect Your Parental Rights in Morris Plains, NJ

Child custody cases are some of the most emotional family law matters since they impact your entire family’s future. As such, it is important to ensure you receive the legal counsel of a lawyer who puts you and your child’s best interests first. At Lane and Lane, LLC, we pride ourselves on our commitment to our clients. We promise to put your family first.

Steps to Secure Child Custody in Morris Plains

Here are the steps to follow to obtain child custody in New Jersey:

Fill out the appropriate forms

You can access these forms on the New Jersey court website, or you can have your lawyer assist you with this process.

Draft a custody complaint

This will include information about you, your co-parent, and your child, as well as the type of custody you are seeking, your parenting plan, and any issues that may arise related to custody or parenting time. This complaint must be filed in the superior court of the county where the child resides (if he/she does not live with you). You will also determine which type of custody you are seeking.

Attend mandatory mediation sessions

You and your co-parent will attempt to come to a custody agreement before going to trial. This does not apply if a restraining order is in place due to allegations of domestic violence.

Undergo an investigation period

If parents cannot resolve their custody issues through mediation, the law allows the court to hold investigations before determining custody. The investigation will review each parent’s character, economic condition, fitness, home life, and criminal record (if applicable).

Attend your custody trial

Each side will present evidence as to why they would like the type of custody arrangement they suggested. The court will make a custody decision based on the best interests of the child factors. Once custody has been awarded, either parent can modify the arrangement if a substantial change in circumstance that affects the child’s welfare happens.

What are the Types of Child Custody in New Jersey?

There are two types of custody in New Jersey: legal custody and physical custody. Legal custody grants decision-making rights to one or both parents and physical custody determines where the child will reside.

Custody is further divided into sole custody, meaning one parent has custody, and joint custody, meaning both parents share custody.

New Jersey's Approach to 50/50 Custody

Courts in New Jersey do tend to favor a 50/50 custody arrangement or a joint legal and joint physical custody agreement between both parents, when possible. The court feels it is in the child’s best interest to have a relationship with both parents.

What Determines the Child's Best Interest in Custody?

The court’s custody and child support decisions are based on the best interests of the child. What this means is that the court’s goal is to continue to bring happiness, security, and love to the child’s life in a manner that will help support his/her transition into young adulthood. If the court finds a parent is unfit, and that awarding said parent physical custody of the child could be damaging to the child’s development, the court may refrain from doing so.

Key Factors Influencing Custody Decisions in Morris Plains

When it comes to custody determinations, New Jersey judges must act in the best interests of the child. Before making a final decision or approving a proposed agreement, they consider several factors, including each parent's:

• Parenting ability
• Willingness to accept custody
• Criminal or violent history
• Capacity to provide for the child
• Time spent with the child
• History of disallowing the other parent visitation (excluding cases of abuse)
• Living arrangements
• Work schedules
• Ability to communicate and cooperate with the other parent

Judges also consider the child's safety, needs, age, ability, relationship with each parent and their siblings, and preferences (if they are old enough and mature enough to make this decision).

Understanding Local Child Custody Challenges in Morris Plains, NJ

Living in Morris Plains, NJ, offers unique challenges and opportunities regarding child custody matters. As a resident, you may already be familiar with the local resources and government entities that play a role in these cases. The Morris County Superior Court, located in nearby Morristown, is where custody hearings occur. Additionally, the Morris Plains Police Department and local social services can ensure your child's safety and well-being during custody disputes.

One of the common pain points for parents in Morris Plains is navigating the complexities of New Jersey's custody laws while balancing work and family life. With many residents commuting to New York City or other parts of New Jersey for work, finding time to attend mandatory mediation sessions or court hearings can be particularly stressful. Our team at Lane and Lane, LLC understands these local challenges and is here to help you manage your time effectively while ensuring your parental rights are protected.

Another significant concern for Morris Plains parents is the high cost of living, which can impact financial stability during a custody battle. We are well-versed in addressing these economic concerns. We can guide you through demonstrating your capacity to provide for your child, a crucial factor in custody decisions. Whether you live near the Morris Plains Community Park or closer to the bustling downtown area, we are committed to helping you secure a custody arrangement that works best for your family.

At Lane and Lane, LLC, we pride ourselves on our deep understanding of the Morris Plains community. We know the local schools, neighborhoods, and resources that can support your child's development and well-being. By leveraging this local knowledge, we can present a compelling case that aligns with your child's best interests, ensuring they continue to thrive in our vibrant community.

Seek Legal Support for Your Child Custody Case in Morris Plains Contact Lane & Lane, LLC Today or call us at (908) 259-6673for a Personalized Consultation.