New Jersey Child Custody Lawyer for Monmouth and Ocean County

When you are facing a divorce or separation, one of your major concerns may be child custody. What will your relationship with your child look like? Who will your child live with? And who gets to decide what is in your child’s best interest?

At Bronzino Law Firm, we work through these questions with you. We take the time to identify your concerns and your child’s needs, and we help you build a plan of action focused on your family. We serve parents throughout Monmouth County and Ocean County, including Manasquan, Wall, Point Pleasant, Brick, Jackson, and Toms River.

How New Jersey Decides Child Custody

Under N.J.S.A. 9:2-4, New Jersey’s public policy is to assure children frequent and continuing contact with both parents, and the rights of both parents are equal. There is no preference for mothers over fathers. Parents can agree on custody themselves. If they cannot, the court decides based on the best interests of the child, considering factors that include:

• The parents’ ability to agree, communicate, and cooperate in matters relating to the child
• Each parent’s willingness to accept custody, and any history of unwillingness to allow parenting time not based on substantiated abuse
• The child’s relationship with parents and siblings
• Any history of domestic violence
• The safety of the child and of either parent from physical abuse by the other parent
• The child’s preference, when the child is old enough and able to reason well enough to form an intelligent decision
• The needs of the child
• The stability of the home environment
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographic proximity of the parents’ homes
• The extent and quality of the time each parent spent with the child before and after separation
• The parents’ employment responsibilities
• The age and number of the children

A parent is not considered unfit unless the parent’s conduct has a substantial adverse effect on the child. If you believe your child would be better off spending more time with you, you will generally need evidence that supports that position.

Physical Custody vs. Legal Custody

New Jersey custody arrangements address two separate questions. Physical custody concerns where the child lives and when the child is with each parent. Legal custody concerns who makes major decisions about the child’s health, education, and general welfare. If legal custody is shared, parents must be willing to communicate and reach decisions together.

Arrangement	What It Generally Means
Joint legal custody	Both parents share major decisions
Joint physical custody	The child’s time and residence are shared between both parents
Joint legal custody with a primary residence	Parents share decisions, but the child lives mainly with one parent and has parenting time with the other
Sole custody	One parent has custody, with appropriate parenting time for the other parent
Other arrangement	Any other arrangement the court finds to be in the child’s best interests

Parenting Time and Visitation

A detailed parenting time schedule can prevent many disputes. When parents cannot agree, each generally must file a custody and parenting time plan with the court. A plan typically covers:

• Weeknights, weekends, and vacations
• Holidays, school breaks, birthdays, and special occasions
• Access to medical and school records
• How each parent will take part in decisions about the children
• The impact of any planned move by a parent

Resolving a Child Custody Dispute

Whatever arrangement you wish to pursue, we can help you negotiate while staying focused on the best interests of your children. When custody or parenting time is genuinely disputed, the court refers the case to mediation. If mediation does not resolve the issue, the court may order an investigation, and the case can proceed to a hearing. Some matters may also involve a custody evaluation.

Many disputes can be resolved through negotiation and a commitment to cooperate. In others, a parent may be unreasonable or may be struggling with addiction or other serious concerns. In these high-conflict situations, we are prepared to present your position in court.

Other Custody Issues We Handle

• Custody modifications: Changing an existing order when circumstances have changed.
• Enforcement: Helping when a parent is not following a custody or parenting time order.
• Relocation: Moving a child out of New Jersey. Under Bisbing v. Bisbing, a contested request between parents with joint legal custody is decided under a best-interests analysis.
• Unmarried parents: Custody and support when the parents were never married.

New Jersey Child Custody FAQs

Does New Jersey favor mothers in custody cases?

No. The statute says the rights of both parents are equal, and custody is decided based on the child’s best interests.

At what age can a child choose which parent to live with in New Jersey?

There is no set age. A court may consider a child’s preference if the child is old enough and capable of forming an intelligent decision, but it is only one factor.

Is 50/50 custody the default in New Jersey?

The statute does not set a 50/50 default. It supports frequent and continuing contact with both parents and leaves the schedule to the parents’ agreement or the child’s best interests.

Do parents have to go to mediation for custody?

When custody or parenting time is a genuine and substantial issue, the court refers the case to mediation.

Contact a Child Custody Lawyer in Manasquan

At the Manasquan office of Peter J. Bronzino, we understand how important your children are to you. We are prepared to work with your spouse or co-parent to reach an agreement peacefully, and we are ready to protect your rights in court if it becomes necessary.

To schedule a free and confidential consultation about your child custody issue, please contact us online or call our office at (732) 812-3102.