Joint Custody

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Ryan E. Gilbert

Your Trusted Freehold Attorney

Freehold and East Brunswick Joint Custody Lawyer

We Help You Seeking Joint Custody of Your Children After Divorce

The custody of children is possibly the most emotional matter to resolve when the parents are divorcing. One common form of child custody arrangement is joint custody.

Joint custody refers to a shared right (and responsibility) in decision-making regarding your children, including education, religion, and any health issues. Even if the children reside the majority of time with the other parent, in joint custody, you retain your parental rights concerning these crucial issues.

Call my firm today at (866) 760-6430. The Law Offices of Ryan E. Gilbert, LLC is ready to help you.

What are the Different Types of Joint Custody?

There is a legal difference between physical custody and legal custody, and it is important that you fully understand this distinction so that your East Brunswick child custody lawyer can assist you in pursuing the form of custody that you choose.

There are two main types of joint custody:

Joint Physical Custody

The child lives with each parent for substantial periods, allowing both parents to spend significant time with the child. Essentially, the child has two homes to live in.

The time spent with each parent can be equal or nearly equal, or it can be divided in a way that best suits the family’s needs.

Joint Legal Custody

Both parents share the responsibility for making major decisions regarding the child's education, health, religion, and welfare.

Parents must communicate and collaborate to make decisions that are in the best interest of the child. Even if the child primarily lives with one parent, the other parent retains a say in significant aspects of the child's life.

How is Joint Custody Determined in New Jersey?

The court’s primary consideration is the best interests of the child.

Factors considered include:

Parental Ability: Each parent’s ability to provide a stable and supportive environment.
Child’s Relationship: The child’s relationship with each parent and other significant individuals.
Child’s Needs: The child’s physical, emotional, and educational needs.
Parental Cooperation: The parents’ ability to communicate and cooperate in raising the child.
Child’s Preference: Depending on the child’s age and maturity, the court may consider the child’s preferences.

Creating Parenting Plans for Joint Custody

When joint custody is awarded, the two parents will be required to submit a schedule that clearly outlines the parenting time that each parent will have a right to. The parenting plan, in cases of joint custody, should also address issues such as a parent's participation regarding:

Religion
Education
Upbringing
The making of important decisions that will impact the child
Support that will be paid from one parent to the other, the amount, and frequency of payments.

These parenting plans should be very clear and carefully written to avoid problems in the future, including holidays, and where the children will be spend their time on these holidays, either days or hours.

Once the parenting plan is completed, whether through negotiations with the two attorneys, or in mediation, this plan is submitted to the court, where it will become part of the divorce order, and will require compliance —from both parties.

Contact the Law Offices of Ryan E. Gilbert to speak with a professional and experienced East Brunswick and Freehold child custody attorney.

Commonly Asked Questions on Joint Custody

What are the Benefits of Joint Custody?

Joint custody allows the child to maintain strong relationships with both parents, provides balanced access to each parent, and ensures that both parents are involved in important decisions regarding the child's life. It can also help in reducing conflicts and providing a more stable environment for the child.

Can Joint Custody Be Modified?

Yes, joint custody arrangements can be modified if there is a significant change in circumstances that impacts the child’s well-being. Parents can request modifications through the court, which will evaluate whether the change is in the child's best interest.

How is Child Support Handled in Joint Custody Arrangements?

Child support in joint custody arrangements is determined based on the financial needs of the child and the income of each parent. The amount of child support may be adjusted based on the custody arrangement and the time each parent spends with the child.

What Happens If One Parent Doesn’t Comply with the Joint Custody Arrangement?

If one parent does not comply with the joint custody arrangement, the other parent can request enforcement through the court. The court may take actions such as modifying the custody arrangement or addressing non-compliance through legal remedies.

How Can the Law Offices of Ryan E. Gilbert Help You?

My firm can provide knowledgeable guidance on legal rights, responsibilities, and options in a joint custody case. With over 25 years of legal experience in Family Law cases, you can trust you are represented by an aggressive litigator and tireless advocate.

I can assist you in drafting a comprehensive and workable parenting plan that addresses both parents' and child's needs. Also, I can manage the preparation and filing of legal documents required for custody cases.

If needed, I can represent you during hearings and trials, presenting evidence and arguments on your behalf.

Get in touch with Attorney Ryan E. Gilbert to consult with an experienced joint custody lawyer. Call now at (866) 760-6430 or contact me online.

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