Legal Custody

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Ryan E. Gilbert

Your Trusted Freehold Attorney

Freehold and East Brunswick Legal Custody Lawyer

Helping you Obtain Legal Custody of Your Child in New Jersey

If you are seeking sole legal custody of your children, there are certain factors that must be fully established, documented and presented to the court, even if the other parent cannot be found, is incarcerated, or has been accused or convicted of any type of domestic violence or child abuse.

The guiding principle in child custody matters is "what is in the best interests of the child?" This will be the focus of the court when making any decision about child custody whether during divorce or post-decree. Both mother and father hold equal parental rights.

At the Law Offices of Ryan E. Gilbert, LLC, I am well-versed in laws related to legal custody. Let a seasoned East Brunswick child custody lawyer help you through this time! I have over 25 years of legal experience.

Contact my firm at (866) 760-6430 or fill this online form to set up an initial consultation with our East Brunswick legal custody attorney.

What is Legal Custody?

Legal custody grants a parent the authority to make significant decisions on behalf of their child. This encompasses a wide range of responsibilities, including:

Education: Choosing the child’s school, managing educational resources, and making decisions related to special education needs.
Healthcare: Making decisions regarding medical treatment, selecting healthcare providers, and managing health insurance.
Religion: Deciding on religious upbringing, including participation in religious activities and education.

Types of Legal Custody Arrangements

Legal custody can be awarded in different forms: sole legal custody, where one parent has exclusive decision-making authority, or joint legal custody, where both parents share the responsibility of making decisions about the child’s welfare.

Sole Legal Custody: One parent has the exclusive right to make all major decisions regarding the child’s upbringing. This arrangement is often awarded in cases where the other parent may not be involved in the child’s life or poses a risk to the child's well-being.
Joint Legal Custody: Both parents share the responsibility for making important decisions about the child's life. This arrangement is generally favored by courts as it allows both parents to remain actively involved in their child's upbringing, fostering a cooperative parenting dynamic.

Factors Influencing Legal Custody Decisions

Courts in East Brunswick consider several factors when determining legal custody arrangements. The primary focus is always the best interests of the child. Some of the key considerations include:

Parental Relationship: The court evaluates the relationship each parent has with the child, considering emotional bonds and involvement in daily activities.
Ability to Co-Parent: The willingness of both parents to work together and communicate effectively regarding decisions that impact the child is critical. Courts prefer arrangements that encourage cooperation.
Child’s Needs: The specific needs of the child, including their age, emotional state, and any special requirements, play a significant role in custody decisions.
History of Domestic Violence or Substance Abuse: Any history of abuse or substance issues will be carefully scrutinized, as these factors can adversely affect the child's safety and well-being.
Stability of Environment: Courts consider the stability of each parent's home environment, including living conditions, financial stability, and emotional support systems.

The Best Interests of the Child in New Jersey Courts

If you believe your children's best interests would be better served by having sole legal custody, you will need to ensure that your presentation to the court is fully supported by facts, presented by trusted experts and an East Brunswick legal custody lawyer that knows the court system, and is a highly skilled litigator.

At my firm, the Law Offices of Ryan E. Gilbert, I have served as counsel in many difficult child custody cases with success. I formerly worked for a prestigious defense firm, defending several Fortune 500 companies successfully.

My trial experience in difficult custody cases has proven to be valuable for my clients who are seeking legal custody of their child(ren). With nearly two decades of experience, and a background working for some of the most respected law firms in the country, I feel that I have the qualifications and experience that you will need to help you in this crucial matter.

The Legal Custody Process

Filing for Legal Custody: The process begins when a parent files a petition for legal custody in family court. This document outlines the requested custody arrangement and provides reasons for the request.
Serving the Other Parent: Once the petition is filed, the other parent must be formally served with the custody papers. This notifies them of the legal proceedings and allows them to respond.
Response and Negotiation: The other parent has a designated timeframe to respond to the petition. If both parents agree on the custody arrangement, they can submit a proposed agreement to the court for approval.
Mediation: If an agreement cannot be reached, mediation may be required. This involves a neutral mediator who helps facilitate discussions to encourage cooperation and compromise.
Court Hearing: If mediation fails, a court hearing is scheduled. Both parents will present evidence and arguments regarding the custody arrangement. The judge will evaluate the information and make a decision based on the child’s best interests.
Custody Order: Following the court's decision, a custody order will be issued, detailing the terms of legal custody, decision-making authority, and any other relevant conditions.

Modifying Legal Custody Arrangements

Legal custody arrangements can be modified if there are significant changes in circumstances. For example, if one parent relocates, experiences a change in financial stability, or if the child's needs evolve, a modification may be warranted. To initiate a modification, the parent seeking the change must demonstrate that it serves the child's best interests.

Preparing for a Custody Case

Being well-prepared can greatly influence the outcome of your legal custody case. Consider the following steps:

Document Everything: Keep detailed records of your involvement in your child's life, including school meetings, healthcare appointments, and daily activities.
Stay Focused on the Child's Best Interests: Always prioritize your child's well-being in discussions and decisions.
Communicate Openly: If possible, maintain open lines of communication with the other parent. Effective co-parenting can significantly influence custody decisions.
Seek Legal Advice Early: Engaging a legal custody lawyer early in the process can help you navigate the complexities and make informed decisions.

Call (866) 760-6430 to Schedule an Initial Consultation

In some cases, the parents agree that legal custody should be shared by both, allowing both to have input on the critical decision in child rearing, including upbringing, religion, health care and education. Many parents choose this option.

Those parents who believe that the other parent should have equal rights will have little trouble in achieving legal custody, which is different than physical custody. One parent could maintain physical custody with the other having liberal and reasonable visitation, while both have legal custody.

These are matters that should be reviewed with help from an East Brunswick legal custody attorney. I am available to speak with you about your case, your children and your wishes. If you are getting divorced, this is one of the most important matters to resolve, and I will give it the full attention that it deserves.

Contact me today at (866) 760-6430 to schedule an initial consultation at my East Brunswick or Freehold firm.

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