Strong and Aggressive Legal Representation

Child custody is often the most emotional and contentious issue between divorcing parents. At Torchin Martel Orr LLC, we understand parents’ challenges when reaching a fair and reasonable child custody agreement. Our experienced Paramus child custody lawyers guide clients through alternative dispute resolution processes whenever possible, such as mediation, to help empower parents with more control over the decision-making process and preserve relationships that benefit the whole family.

Are There Different Types of Child Custody in New Jersey?

Child custody refers to the parents’ legal responsibility to care for and make decisions regarding their children’s lives, health, education, and financial needs. In New Jersey, there are different types of child custody:

• Joint legal custody: Joint custody means both parents have the legal right to participate in major decision-making for their children, such as medical treatment or education. When negotiating a custody agreement, parents may be more specific about which types of major decisions will be shared jointly and include provisions for resolving future disputes when disagreements arise.
• Sole legal and physical custody: In sole legal custody, one parent is responsible for all decision-making regarding children’s lives without consulting the other parent. The children will live primarily or entirely with one parent. Sole legal and physical custody is less common and typically only awarded when one parent has been deemed unfit.
• Shared legal and physical custody: In shared legal and physical custody, children alternate living between each parent’s residences based on the schedule outlined in the custody agreement. Given each parent’s circumstances, such as work, location, or children’s activities, joint physical custody is arranged as equally as possible.

How Is Custody Determined in New Jersey?

Every child custody case has unique circumstances to consider when determining children’s care and living arrangements. Ultimately, the goal with child custody is to develop a plan in which both parents can actively participate in decision-making and their children’s lives as equally as possible. The court considers several factors when determining custody, including but not limited to the following:

• The age and number of children and their needs and safety.
• The relationships and interactions between parents and siblings.
• The children’s educational needs.
• The children’s health status and special needs.
• The children’s living preference, if eligible.
• Parents’ ability to agree, communicate, and cooperate.
• Parents’ willingness to accept or not accept custody terms.
• The parents’ employment statuses.
• The parents’ stability and fitness.
• Parents’ ability to provide a stable home environment.
• Parents’ relationship with their children.
• The parents’ history of domestic violence, if applicable.
• Time with children before and after separation.
• Distance between residences.
• Any other factors the court deems relevant.

What if My Co-Parent Violates the Custody Agreement?

New Jersey takes custody orders seriously. Once the court has finalized a custody order, both parents are legally bound to adhere to the arrangement. When one parent refuses to follow the court order, their actions impact the children and the other parent and are considered a violation by the court. Actions that may be regarded as violations include but are not limited to:

• Refusing to follow the visitation schedule.
• Concealing the children’s whereabouts.
• Taking the children without notice.
• Picking the children up from school on unscheduled days.
• Refusing to allow the other parent’s visitation.
• Keeping the children past the scheduled pick-up or drop-off time.
• Attempting to alienate the children from the other parent.
• Traveling with the children out of town or out of state without permission.
• Making legal decisions without the other parent’s permission.
• Intentionally concealing the children from the other parent.
• Harming or abusing the children physically or mentally.

If your co-parent continually violates the custody agreement, you can ask the court to seek enforcement. Depending on the circumstances, the court has several punishments for parents who violate custody orders, including but not limited to:

• Ordering the parent to comply with the order.
• Ordering additional compensatory time with one parent to make up for missed visits.
• Issuing fines and additional compensatory expenses, such as paying your attorney’s fees, court costs, or childcare.
• Modify the custody order to limit one parent’s rights and serve the children’s best interests.
• Requiring a public location for the children’s visitation pick-up and return.
• Ordering the parent to attend parenting classes or counseling.
• Finding the parent in contempt of court, punishable by community service, fines, and possible jail time.

To help your case, you should begin gathering evidence by documenting each instance in which a violation is committed in court. Write down the date and time, the occurrence, and your conversation with the other parent regarding the violation, such as text messages, emails, or spoken conversation.

Why Choose Torchin Martel Orr LLC

When considering a law firm for a child custody case, there are several factors to take into account. Torchin Martel Orr LLC is the best choice for your child custody case for several reasons:

• Reputation: Researching a law firm’s reputation is crucial. We have many positive reviews, testimonials, and successful case outcomes. Our team is also regularly recognized for our esteemed legal services.
• Experience: We have experienced Paramus child custody lawyers who have handled various child custody cases, ranging from amicable negotiations to complex litigation. Our lawyers will be invaluable in navigating your case’s legal intricacies.
• Personalized approach: A good law firm understands that every case is unique and requires a personalized approach. Torchin Martel Orr LLC offers individualized attention to your case, considering your specific circumstances, concerns, and goals.
• Communication: Effective communication is key in any legal matter. You will want a law firm that keeps you informed throughout the process, responds promptly to your inquiries, and listens attentively to your questions and concerns. You will find that at Torchin Martel Orr LLC.
• Resources and support: Child custody cases can be emotionally challenging and legally complex. We offer legal representation, emotional support, and resources to help you navigate the process more smoothly.
• Track record: We have a history of favorable results, which instills confidence in our abilities to handle your case effectively.

Our Paramus Child Custody Lawyers at Torchin Martel Orr LLC Help Clients With Custody Arrangements

If you have questions or concerns regarding child custody, our experienced Paramus child custody lawyers at Torchin Martel Orr LLC will review your case and discuss your options. Call 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson Counties, and northern New Jersey.