Battles over custody of minor children can be difficult for all parties to the situation. At Birz Law, we can provide you with the most effective and sensitive representation to ensure that your concerns are heard and that the welfare of your children is protected throughout these proceedings. Jenny Birz and the entire team at Birz Law will work with you to provide the most effective solutions for you and your family. Here are some of the most important points to keep in mind when deciding child custody issues in the states of New York and New Jersey.
Putting Your Child’s Welfare First
At Birz Law, we know it can be easy to lose sight of the best interests of your children when arguing custody issues with your former spouse or partner. The family court systems of New York and New Jersey look at a number of different factors when determining which parent is the best choice to maintain primary custody of minor children born of the relationship:
• The mental and physical capacities of each of the parents
• The age of the child
• Employment schedules and ability to spend time with the child
• Stability of living arrangements
• The geographical location of each parent’s home, especially in relation to the school the child is currently attending
• Special needs the child may have
• Any allegations or police reports regarding domestic violence or abuse
The court may also consider the wishes of older children and the ability of the parents to work together to make decisions on behalf of their child. Working with an experienced family law attorney like Jenny Birz can provide added help in providing the right information to the court regarding these issues.
Legal Custody and Physical Custody
In both the states of New York and New Jersey, custody rights are divided into two categories:
• Legal custody involves the right of the parent to make decisions on behalf of the child. These decisions may include medical care, dental care, education, and religious upbringing. Legal custody may be granted to one parent as sole custody or shared between both parents in joint custody arrangements.
• Physical custody determines which parent the child will live with most of the time. Sole physical custody is more common because of difficulties with maintaining two primary residences for children. Joint physical custody arrangements are possible for parents who live within close proximity to each other.
Visitation is usually allowed for the non-custodial parent and may include weekends or summer vacations spent with the children. If allegations or evidence of domestic violence are present, however, the court may deny visitation or require supervised visitation arrangements for the parent accused of these abusive behaviors. Birz Law can provide support for parents on both sides of these issues to ensure the best outcomes for your children.
Modifying Child Custody Arrangements
If one parent is not living up to the court-ordered arrangements regarding child custody and visitation, retaining the services of a qualified family law attorney can provide added help in modifying these arrangements legally. Birz Law can provide you with expert help in the following areas:
• Modifying custody arrangements after a material change in the circumstances of one or both parents
• Restricting visitation privileges for parents who violate rules and court orders
• Determining whether the custodial parent can move a significant distance away from the noncustodial parent
• Changing visitation arrangements as requested by one or both parents
Jenny Birz and the legal experts at Birz Law can provide you with the right options for your child custody negotiations. We work with you to determine the most appropriate approach to these issues and to protect your interests in the family court systems of New Jersey and New York. Call us today at 201-701-1218 to schedule a consultation with our team of legal experts. We look forward to the opportunity to work with you.