Explore with Our Attorneys the Elements That Could Jeopardize Your Child Custody Case in Monmouth and Ocean County, NJ

The New Jersey Superior Court: Family Part is committed to ensuring the best interests of all involved children in its divorce and custody cases. The best interests of a child are those circumstances that ensure the child is physically and socioemotionally cared for and protected through custody arrangements. If you are in the process of negotiating custody for your child, contact Bronzino Law Firm today for support in reaching an agreement that is positive for all involved and provides you ample place in your child’s life.

The welfare of your child is your main priority as a parent. It is important to seek the counsel of an experienced family law attorney in Sea Girt, Wall, Red Bank, Asbury Park, Little Egg Harbor, Toms River, Freehold, or another town in the Monmouth and Ocean County area to make sure you are making the best choices possible for your family. Peter J. Bronzino, ESQ, offers a free consultation to go over how the child custody rules in New Jersey can apply to your specific situation. Call him immediately at (732) 812-3102 to contact our legal team.

Factors That Have an Influence on Child Custody in NJ

Parents are encouraged to determine an appropriate custody and parenting time arrangement themselves in order to reduce conflict and bolster collaboration and cohesiveness in co-parenting. As long as these arrangements do not go against the child’s best interests in any way, the court will usually approve the arrangement. When parents are not able to come to an agreement, the court will step in to determine the appropriate custody arrangement. The court reviews various factors to determine what type of custody arrangement ensures a child’s best interests.

When determining a child’s best interests for custody placement, the court considers multiple factors: the age and number of children, the child’s needs, their relationship with each parent previously, the child’s safety in each home, the parents’ locational proximity to one another, each parent’s ability to collaborate and work together regarding the child’s needs, the parent’s capacity to provide a stable financial and home environment, the child’s access to quality educational and extracurricular opportunities, the parent’s age and health, the desires of the child if they are of an age to make a thoughtful determination, any history of drug or alcohol abuse or domestic violence in the household, and other related factors.

Aggravating and Mitigating Factors Considered in Child Custody Cases

Aggravating and mitigating factors in a child custody case are issues that may harm or help a parent’s likelihood of being awarded child custody. In some child custody cases, there are allegations that a child has been abused, neglected, or otherwise harmed by an adult guardian or someone in their household. Alternatively, a parent may have been part of another criminal activity not directly related to the child but which affects their well-being and safety. Aggravating factors regarding this activity can seriously negatively impact the likelihood that that parent will receive custody. Aggravating factors include parental harm that created longstanding physical, psychological, or emotional damage to the child, be it neglect or active violence; a parent’s unwillingness to comply with court orders or other directives ensuring the child’s safety; drug or alcohol abuse or domestic violence in the home that renders the child unsafe in the environment; and others.

Mitigating factors are signs of improvement from a parent that has previously been investigated for abuse or neglect or has been in the criminal justice system. Mitigating factors include authentic remorse, mental illness, young age at the time of a harmful parental incident, or having a minor role in the incident that caused harm. While the child’s safety is the court’s primary objective, mitigating factors may soften the barriers the court places between the child and the responsible adult, as quality time with both parents is seen to be in the child’s best interests as well.

Parental Fitness Issues May Harm Your Child Custody Case

If you have been involved in an incident that put your child at physical or emotional risk – either once or long-term – or if you have been in the criminal justice system for any violent act or one regarding domestic violence or substance abuse, your right to custody of your child may be in jeopardy. Parents with custody have the duty to maintain the well-being of their children and support their physical, educational, and moral growth. A parent who does not show they are capable of such duties will not receive or be stripped of those parental duties, including custody.

Contact a Brick, NJ Child Custody Lawyer for Help with Your Case

If you are fighting for custody of your child, especially if you have a history of criminal activity or parental abuse or neglect, you need the support of the team at Bronzino Law Firm, LLC, to protect your rights of involvement in your child’s life. Our team of custody and family law attorneys has successfully represented parents in Lacey, Holmdel, Brick, Manasquan, Jackson, Colts Neck, Point Pleasant, Belmar, Ocean Township, and neighboring communities in attaining and maintaining custody of their children across a variety of circumstances. We will help develop a strong case for your presence being in your child’s best interests and display ample evidence of mitigating factors where prior missteps have been taken. New Jersey courts consider that spending as much time with both parents as safe for their physical and emotional upbringing is in a child’s best interest. We’re here to get you that parenting time, so you can positively influence your child’s life. Reach out today at (732) 812-3102 to schedule a free and confidential consultation regarding your custody case.