green checkmark Google Screened
Fair Lawn Child Custody Lawyers Helping Families Implement Positive Change.

Trusted Legal Counsel for Families Navigating Change

Child custody is often the most hotly contentious during divorce. Some divorcing couples will fight for full custody at any cost and total disregard for the children. New Jersey courts try to allow children continual and frequent contact with both parents as much as possible.

At Torchin Martel Orr LLC, we have seen firsthand how challenging and emotional it can be for parents to divide time with their children and reach a mutually beneficial custody agreement. Our experienced Fair Lawn child custody lawyers help divorcing parents navigate these challenges, using alternative dispute resolution processes, such as mediation, whenever possible, to give them more decision-making control and preserve relationships.

What Are the Types of Child Custody in New Jersey?

Child custody in New Jersey refers to the physical and legal custody of the children and the division of parental responsibility. Whichever parent the children are ordered to live with primarily is considered to have “physical” custody. Legal custody refers to the parent’s legal responsibility to care for and make decisions regarding their children’s lives, health, education, and financial needs. There are three types of child custody in New Jersey:

  • Shared legal and physical custody: Both parents share decision-making for the children and divide physical custody equally.
  • Joint legal custody: Children live primarily with one parent and participate in scheduled visitation with the other.
  • Sole legal and physical custody: The primary custodial parent is responsible for making all decisions regarding the children without consulting the other parent.

How Do New Jersey Courts Determine Child Custody?

There are numerous factors New Jersey courts must consider when making child custody decisions. Both parents are required to care and provide for their children, and the court system attempts to make custody decisions equally and with as little disruption to children’s lives as possible. Though each case is unique and may involve additional considerations, the most common factors the court considers when determining custody include but are not limited to:

  • Number of children, their ages, needs, and safety.
  • The children’s relationships and interactions with siblings and parents.
  • The children’s current and future educational needs.
  • Children’s current health and special needs.
  • Children’s living preference, if applicable.
  • The parents’ ability to agree, communicate, and cooperate.
  • Parents’ willingness or unwillingness to accept custody terms.
  • Each parent’s employment status.
  • Each parent’s stability and fitness.
  • Each parent’s ability to maintain a stable home environment.
  • Parent’s relationship with the children.
  • Parents’ domestic violence history, if applicable.
  • Duration of time with children before and after separation.
  • Distance between parents’ residences.
  • Any other factors the court deems relevant.

Am I Allowed to Relocate With My Children?

As of 2017, New Jersey laws have made relocating with children more difficult following divorce, but not impossible. Relocation is often necessary for better career opportunities or new relationships. Relocation is generally granted if the other parent approves that their custodial rights are not impacted and that the move will significantly benefit the children, such as an increase in income. In such cases, amendments are made to the custody agreement and submitted to the court for approval.

What Happens if My Co-Parent Refuses to Uphold the Custody Agreement?

Once finalized, child custody orders are legally binding, and New Jersey courts take violations of those orders quite seriously. If your co-parent refuses to follow the conditions contained in the custody order, you and your children suffer. Some behaviors and actions the court commonly deems violations include but are not limited to:

  • Not following the visitation schedule.
  • Intentionally hiding the children.
  • Taking the children without notice.
  • Unscheduled school pickups.
  • Not allowing visitation with the other parent.
  • Picking up or returning children early or late.
  • Alienating the children from the other parent.
  • Taking the children out of town or out of state without permission.
  • Making legal decisions without the other parent’s permission.
  • Physically or mentally harming or abusing the children.

If blatant custody agreement violations persist, the court may intervene and seek enforcement and punishment in some cases. Depending on the circumstances, punishments for parents who consistently violate custody orders include but are not limited to:

  • Ordering compliance by the parent.
  • Ordering additional visitation for whichever parent missed visits.
  • Issuing fines and other expenses, such as your lawyer’s fees, court costs, or childcare.
  • Modifying the custody order, limiting the parent’s rights in the children’s best interests.
  • Requiring public pick-up and return for visitation.
  • Ordering the parent into parenting classes or counseling.
  • Find the parent in contempt of court and impose community service, fines, or jail time.

Gathering evidence of the violations can significantly bolster your case, such as documenting each instance in as much detail as possible. Include details such as dates, times, frequency, and any conversations you attempted with the other parent to curb the violations, including text messages, emails, or spoken conversations.

Why Should I Choose Torchin Martel Orr LLC for My Custody Case?

Selecting the right law firm is crucial when issues involve children’s custody. When it comes to your children, you want a law firm with experience that understands children’s well-being is a top priority during divorce. That firm is Torchin Martel Orr LLC. With decades of experience, our Fair Lawn child custody lawyers are the right choice for many reasons, such as:

  • Reputation: In the legal field, reputation is everything. We have a long history of client satisfaction and successful case outcomes, earning an esteemed reputation amongst our peers and clients for delivering top-notch legal services with compassion and dedication in everything we do.
  • Experience: Collectively, we share over 100 years of knowledge, experience, and skill, handling numerous child custody cases in all divorces, from amicable negotiations to complex courtroom litigation. We are an invaluable legal ally, helping you navigate the complexities of child custody with unparalleled guidance.
  • Personal service: The best lawyers understand that no two cases are alike and that every client has unique circumstances and goals deserving personal attention and tailored strategies.
  • Communication: Communication is key in any lawyer-client relationship and legal undertakings. You want a legal team that effectively and regularly communicates, keeping you informed throughout the proceedings, responding promptly, and listening attentively to your questions and concerns. You will get nothing less from the legal team at Torchin Martel Orr LLC.
  • Resources and support: When divorcing, issues involving children are often the most emotional and legally complex. At Torchin Martel Orr LLC, our Fair Lawn child custody lawyers provide exceptional legal representation, support, and valuable resources to alleviate concerns and ensure a smoother process for you and your children.
  • Track record: Torchin Martel Orr LLC has an extensive history of favorable results. You will feel confident that your case is important, will be handled correctly and effectively, and that your goals and children’s best interests are always our top priority.

Our Fair Lawn Child Custody Lawyers at Torchin Martel Orr LLC Help Parents Reach Mutually Beneficial Custody Agreements

Dividing time with your children is one of the more difficult parts of divorce. At Torchin Martel Orr LLC, our experienced Fair Lawn child custody lawyers help clients navigate these challenges and reach mutually beneficial custody arrangements. Call 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New/contact/ Jersey.

“I cannot thank you enough for this.”
“He was responsive to all of my calls and e-mails and was very fair about billable hours.”
“Besides his abundance of family law experience, Brian is an involved father, which made it easier to discuss sensitive parenting time and custody issues. There's no need to explain. He just gets it. I strongly recommend Brian for all family law cases, but Brian Martel represented me in my recent divorce.”