Legal Question in Family Law in New Jersey

Re: child custody

The custody is mainly concerned with the best interests of the child. The Court, under the best of circumstances, would like the child to experience his parents equally.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: child custody

I don't really get your question but I'll do my best. If you have never gone to court before, then you really have no rights yet in a sense. Once the judge issues an order, it will list your rights. You can always ask him or her if you have any questions. Unless you can really throw some heavy mud at her, do not expect to get custody. Your best bet would be every other weekend with two overnights per week.

Re: child custody

It depends on some other factors, but basically, if custody has never been decided in your case, then you can file for joint or sole custody. (Well, you can always file for joint or sole custody, but it always depends on the facts of each case whether you would be successful or how much custody you would get.)

Here's what makes this question difficult to answer: There are different things the courts look at when they are presented with the issue of custody. Bottom line is "What's in the best interests of the child?"

After that, the courts will look at how much involvement each parent has had in the child's life, if there has been abuse by either parent towards each other or towards the child, whether the custody to one parent or the other would mean that the child would have to leave his current school or the home he has been living in primarily, and so forth.

There are so many factors that it is really important that you consult with an attorney to determine whether, based on the facts of your case, you would have a good chance of gaining primary custody.

If you wouldn't stand a good chance of obtaining primarly custody, then you want to go for joint, and if you can't get 50/50, then you want to start with as much as you can get and slowly request more over time.

There are other issues such as whether you want minor's counsel appointed, whether you want a 730 evaluation, and so forth. Every case is different.

I would recommend consulting with an attorney who is experienced in the court where your legal matter is pending. There is no generic "one size fits all" answer for all cases.