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Child Custody

New Jersey Child Custody Attorneys

Custody is a very emotional issue for many clients and can often be the most contentious issue between two parties. 

In New Jersey, each parent has an equal right to custody of his/her child(ren).  Often times, Courts will award joint custody of the child(ren) to both parties. Yet the Court will award only one parent as the parent of primary residence (i.e. parent with whom children reside the majority of the time) and the other parent will receive parenting time. 

The Court makes a determination of child custody based on a variety of statutory factors but the ultimate concern for the Court is the “best interest of the child”.  These factors include:

(1) Parents' ability to agree, communicate and cooperate in child-related matters;

(2) Parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse;

(3) Interactions and relationship of the child with its parents and siblings;

(4) History of domestic violence, if any;

(5) Safety of child and safety of either parent from physical abuse by other parent;

(6) Preference of child, when of sufficient age  and capacity to reason, so as to form an intelligent decision;

(7) Needs of child;

(8) Stability of home environment offered by each parent;

(9) Quality and continuity of child's education;

(10) Fitness of parents;

(11) Geographic proximity of parents' homes;

(12) Extent and quality of time spent with a child prior to and subsequent to separation;

(13) Parents' employment responsibilities; and

(14) Number and ages of children.

The family law lawyers at Helmer, Paul, Conley, & Kasselman, PA, are experienced in working with parents to obtain the best possible custody situation for their children. 


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