Overview

In determining Child Custody issues, Judges have great discretion in determining any custody arrangement. The standard that the Judge will utilize in determining any custody arrangement is what is in the best interests of the child. There are many different custody arrangements for children.

First, there are two different types of custody: legal custody and physical custody. 
Legal custody refers to decision making for major life events in your child’s life. Examples of life events that fall under the legal custody scope are educational decisions concerning where a child goes to school or major medical issues. There are two different types of legal custody: Sole Legal Custody, whereby only one parent will have this decision making power, and Joint Legal Custody, whereby both parents will make these important decisions together. Sole Legal Custody is a tough standard to reach, as the other parent will usually have to be deemed "unfit." You should contact Adam Wiseberg, Esq. to discuss your options regarding legal custody of your child.
Physical, or residential custody governs to where the child will live. Physical custody also includes what the courts refer to as “day to day decisions.” These are considered more minor decisions that would not necessarily require consulting with the child’s other parent. There are two types of Physical custody, sole physical custody and joint or shared physical custody. You should contact Adam Wiseberg, Esq. to discuss you options concerning Physical Custody of your child.

Parenting Time / Visitation

Once you have determined what types of legal and physical custody will be in effect, a parenting time or visitation plan will need to be arranged. As can be imagined, there are almost infinite ways to structure the parenting schedule for your children. You and your child’s other parent may already have a plan that you feel works best. If you do not have a plan already set up, Mediation through the Courts may be able to resolve any issues. Mediation is a great way for parents to sit in a room with a neutral third party to attempt to iron out any differences. Even if you have a parenting time plan that you feel works, it is important to meet with Adam Wiseberg, Esq. so that Adam Wiseberg can help ensure that the plan is correctly prepared for the future, not just the present time.
If an agreement cannot be reached between parents, then litigation will have to occur. In this case, the Judge will base the decision on the best interests of the child. Adam Wiseberg is an experienced New Jersey child custody attorney who will develop the appropriate strategy to protect your interests and look out for the best interests of your child.

Grandparent Visitation / Third Party Visitation

Grandparents and third parties also may have a right to have "parenting time" with a child. However, the standard the Court uses to determine whether a third party gets visitation with a child is more stringent than with a parent. A parent normally has control over whether a person sees a child or not. One of the keys to getting grandparent visitation or third party visitation is showing the Court that there is an emotional and psychological bond between you and the child. Generally, you must also show the Court that it would be harmful to the child to not have the visitation. These are not easy standards to meet. Adam Wiseberg has experience in grandparent visitation and third party visitation. Contact Adam Wiseberg, Esq. for a free consultation if you want visitation or, alternatively, if you are a parent seeking to stop third party visitation.

Modifications

Similar to child support, child custody issues are always modifiable through the courts. The court understands that life is ever-changing and that as time goes on, modifications to parenting time schedules and custodial arrangements happen. If both parents are in agreement with the changes being made, Adam Wiseberg, Esq. can draft the changes into a consent agreement. Should only one parent want to make the changes, however, the parent must show what the courts refer to as a “substantial change in circumstances.” Adam Wiseberg can explain your rights and obligations to you concerning child custody and any potential modification.

⇒ Quick Note on Relocation: 

If a custodial parent wishes to relocate to another state, it is not usually as simple as packing your bags and moving. In general, the custodial parent will need the consent of either the non-custodial parent or the Court. Should the non-custodial parent not consent, getting permission from the Court requires a determination that the relocation is in the child’s best interest. One of the keys to this determination is whether the move is being made in good faith. Should you wish to relocate or stop the other parent from relocating, you should consult with Adam Wiseberg, Esq. today. Adam Wiseberg is a top New Jersey child custody lawyer who has vast experience litigating relocation cases in Court.