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 19 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.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Client Acquitted Assault
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Assault Charge Dismissed Assault and Cross-Complaint for False Police Report
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Charges Dismissed Domestic Violence Temporary Restraining Order Dismissed Against Client following Trial
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All Charges Were Dismissed DWI and Careless Driving
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DWI Charge Dismissed DWI and Reckless Driving
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DWI And Lane Change Dismissed DWI, Reckless Driving, Failure and Unsafe Lane Change
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"I am very grateful for Mr. Gilbert excellent job!"Excellent Job! I contacted a few law offices before … Finally, I chose Ryan E. Gilbert…the way he greeted me made me feel like a very important client and took consideration for any conditions I had at the time. Everything was quick and smooth! He was well informed and smart he was also helpful and kind. I would recommend him! 5 stars and 2 thumbs up! I am very grateful for Mr. Gilbert excellent job!- Michelle
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"Ryan To The Rescue"Ryan is a very thorough attorney. He knows the law and he keeps you well informed of all the details with your case. He will work very hard for you. I would definitely use him again for any legal matters and would highly recommend him to anyone looking for an excellent attorney.- Former Client
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"My case had a successful outcome."Ryan was compassionate, intelligent, efficient and thorough; he gave good advice, represented me in court, and was successful in winning a reduction in my property taxes. I wholeheartedly recommend him. I know he handles other types of cases as well.- Former Client
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"Great job protecting my future"Ryan was a trusted adviser throughout the course of my legal issues. I was unfamiliar with legal proceedings and Ryan was able to explain to me my legal situation, and risks associated with various defenses and decisions I had to make. He took the time to explain all the scenarios to my satisfaction which gave me piece of mind and comfort. Ryan was also very responsive through various forms of communications (phone, email, text) which made keeping in contact convenient throughout the process. Ryan showed up on time (early in fact) to various appointments and appeared to handle relationship building effectively with opposing attorneys and the prosecutor. At the end of the day, I was very satisfied with the work done by Ryan as the outcome of my legal matter was better than I had expected and kept my reputation in tact, which undoubtedly will help me pursue my future career/professional ambitions.- Former Client
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"Professionalism at its best"Mr. Gilbert has made my case easy and clear to understand without all the legal jargon. He took time to help me clearly understand my case and kept me updated with all occurrences. Also, the case had been postponed and he waited alongside and had a friendly chat at the nearby Starbucks and besides giving me a great case result, he made me feel as if I had someone by my side. Patient, honest, and soft spoken, Ryan is not someone else whom just told me what to do and I just say yes too, like previous attorneys I had. I will always suggest and use Ryan Gilbert as my attorney.- Former Client
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"Attentive, fast responding, professional, expert"Attentive, fast responding, professional and expert is how I would describe the attention and service that I received from Mr. Gilbert. He solved my matter quickly and explained in very clear terms each step and set expectation for action on all sides. I was very pleased with how my matter was resolved and would recommend Mr. Gilbert to those requiring legal services. If needed I would absolutely seek Mr. Gilbert's council again.- Former Client
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"An invaluable asset to anyone"Mr. Gilbert is an excellent attorney. His knowledge and experience make him an invaluable asset to anyone looking for an attorney.- Former Client
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"Ryan could not have been more helpful"I found myself in quite a situation and Ryan could not have been more helpful in my time of need. Ryan worked tirelessly and did whatever he could to secure for me the best possible outcome. Even when I first called, I never could have imagined having my case resolve as positively as it did. Thank you so much Ryan!- Former Client
