26 Jan Top 5 New Jersey Child Custody FAQs

Who gets custody of the child when involved in a divorce?

Determination of child custody is based on the best interests of the children. New Jersey law requires that both parents are equal regarding their custody rights.

Do grandparents have custody and visitation rights?

The grandparent has the burden of proof that visitation is in the best interests of the child, and they bear the burden of establishing by a preponderance of the evidence that visitation is necessary to avoid harm to the child. As such, the court only grants grandparents rights in limited cases. The court must also consider factors such as the relationship between the child and grandparent and the biological parents’ desires.

What is a parenting plan?

Each party must submit a parenting plan to the court when parents cannot agree to a custody arrangement. The plan sets forth a proposal for the types of custody to be awarded, a schedule for parenting time and holidays, etc.

How can a parent improve chances of custody?

Show the court that you promote the child’s best interests and that the environment in which the child would live with you also helps the child’s best interests. Remain active in your child’s day-to-day life and be involved in every way possible. New Jersey law provides that both parents must be considered on equal footing when it comes to a custody determination.

Will a Parent who receives custody also receive child support?

Yes, it is still possible the dependent parent will receive child support. Shared custody implies there will be a downward adjustment to a support obligation. Similarly, the primary custodian who is also the lower-wage-earning spouse will receive child support.

Contact Jeffrey M. Bloom | New Jersey Child Custody Lawyer

Jeffrey M. Bloom is an experienced Child Custody attorney working on behalf of both parents. If you’re facing a child custody issue and want professional advice, please call our office to set up an appointment – (855) 208-3650.