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Divorce is more than the dissolution of a marriage, especially when minor children are involved. Child custody arrangements can be some of the most complex agreements ex-spouses will ever have to navigate. If you are in a situation where you believe it is in your child’s best interests for you to have sole custody, the situation is even more intense. Typically, New Jersey courts favor custody arrangements where minor children can benefit from a relationship with both parents. Getting full child custody in Hackensack requires proving that your former spouse is unfit to parent, or that it is in your child’s best interest that you be the custodial parent.
If your child is in danger or there is a valid reason why you are seeking sole custody, legal representation from an experienced Hackensack child custody lawyer is the best way to secure a favorable outcome. A knowledgeable family law attorney can assess your case and apply relevant New Jersey laws to help you support a future that prioritizes your child’s best interests.
Sole child custody is a situation in which one parent is awarded full physical and legal custody. Full legal custody gives a parent the full legal responsibility for all decisions affecting the health, education, and well-being of the child(ren). Sole physical custody also gives the parent the right to have the children reside with them full-time.
When a parent has sole child custody, a non-custodial parent may still have rights to parenting time although, depending upon the facts of the case, the parenting time may be limited, may be supervised, may have certain restrictions attached to it, and may not include overnight parenting time. A ruling for sole child custody is uncommon and requires the petitioning parent to prove the arrangement is in the best interests of the child.
New Jersey law states that it is in the public interest for both of a child’s parents to share rights and responsibilities associated with rearing a child. The law provides both parents with equal rights to child custody. This legal standpoint means that sole custody to one parent requires unusual circumstances.
In a situation where the parent is not voluntarily absent, sole child custody in Hackensack is only awarded under specific circumstances. A family law attorney can help a parent prove that one of the following situations exists to support a case for sole custody.
These examples clearly show why a parent would potentially be unable to provide a lifestyle that prioritizes the child’s best interests. Substantial evidence is typically necessary to develop a strong case.
Petitioning for sole child custody in Hackensack is a complex legal process that requires substantial evidence and in-depth knowledge of New Jersey child custody laws. Yet, it can be necessary to protect your child’s physical or emotional health. Whether you are leaving a relationship that is unsafe for your children or changes in your ex-spouse’s lifestyle make you believe your children’s best interests are not being met, an experienced child custody lawyer can help. If you are concerned about your child’s immediate well-being, the family law attorneys at O’Cathain Law Group Family Law Department are standing by to help. Contact us to consult with a dedicated family law attorney prepared to help you advocate for your children’s best interests, and to help you and your family Move Forward.