When it comes to deciding legal custody of the child – who will make decisions concerning the child’s welfare – a joint custody arrangement in which parents share decision-making authority is often granted. This applies to co-parents who are each fit to make sound decisions in the best interests of their child and are capable of collaborating. To obtain full legal custody of a child, the parent seeking full custody bears the burden of proving that the other parent is not of sound mind to make decisions regarding their child or they are unwilling to collaborate in the child’s best interests.
Residential custody is a slightly different matter. The New Jersey Superior Court: Family Part considers that it is in the child’s best interests for them to spend equal time with both parents, as long as this is safe for the child. The parent seeking full residential custody, affording only limited unsupervised or supervised visitation rights to the other parent (if any at all), must prove that the child is better off spending limited or no time with the other parent. In order to do so, they must prove that the parent has engaged in child abuse or neglect, substance abuse, domestic violence, or criminal activity or they are otherwise mentally or legally unfit to care for the child.
The first step to preparing for a custody battle is hiring a qualified custody attorney. They will help you begin to gather necessary documentation, including any applicable criminal and other official records, medical documents, messages between you and your ex, messages or videos with your child, and a proposed parenting time plan and schedule. Your attorney will help you organize the necessary documentation and prepare you for what to expect in the courtroom. They will also facilitate contact with experts and character witnesses familiar with your situation who will provide testimony for your case.
A skilled child custody attorney at Bronzino Law Firm will provide you with the best shot at obtaining full custody of your child. Because custody hearings are complex processes that largely involve the subjective consideration of a family court judge, you need to develop a strong, evidence-based case that proves your capacity as a parent to care for your child superiorly. Additionally, because the burden of proof lies with the parent seeking full custody to prove the incapacity of the other parent to share legal and/or residential responsibilities, you need the legal counsel and guidance of an experienced custody attorney to prepare a fail-proof case. Let our family law team help.
At Bronzino Law Firm, our team has successfully represented hundreds of parents in Rumson, Mantoloking, Barnegat, Sea Bright, Middletown, Brick, Spring Lake, Freehold, and across Ocean and Monmouth Counties in obtaining full custody of their children. We know how precious your child is and are committed to ensuring that they have a safe, thriving future with you. Contact us today at (732) 812-3102 to schedule a free consultation to discuss your custody battle.
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