How To Win Your Child Custody Case

By Lois G. Schwartz | January 23, 2021

child custody lawyer cherry hill nj

There is nothing as important as spending time with your child. Because of this, child custody is often one of the most contentious battles couples face during the divorce process. If you are ready to file for divorce or have already filed and want to know how you can win your child custody case, we’ve provided some helpful tips. 

Read more: How to Help Your Children Deal With the Effects of Divorce

Understand NJ’s Child Custody Laws

While your lawyer will be well-versed in this area of family law, it’s not a bad idea to familiarize yourself with New Jersey’s child custody laws. Under Statute 9:2-4, parents who share rights and responsibilities of raising a child have equal rights under the law. In child custody cases, the court may award sole or joint custody. 

What is Sole Custody?

Sole custody is when the custodial parent has the right to make all major decisions for their child without having to consult with the other parent. As such, parents with sole custody can make decisions about their child’s:

  • Medical care
  • Schooling
  • Extracurricular activities
  • Religion
  • and more

In many cases, the noncustodial parent will still have visitation rights. 

What is Joint Custody?

Joint custody, on the other hand is when both parents have the full and legal right to make decisions about their child’s welfare. These include where they’ll attend school, where they’ll spend their time, which religion they’ll be brought up in (if any) and all major medical decisions. 

Read more: How You Can Speed Up a Divorce

Know What the Courts Will Look For

In every child custody case, courts always try to determine what is in the child’s best interests. This is outlined in New Jersey Statute 9:2-4. When parents are unable to come to terms on a child custody schedule, a judge will consider the following:

  • The parents’ ability to communicate with one another about the child
  • The fitness of both parents
  • Each parents’ employment responsibilities and schedule
  • The stability of each parent’s home
  • The relationship the child shares with each parent and siblings (if applicable)

Depending on the child’s age and maturity, the judge may also take into consideration his or her preference of who they want to live with. Judges will also take into consideration any history of domestic violence or substance abuse. 

Hire a Skilled Family Law Attorney

The best way to make sure your rights are being fairly advocated and fought for is to hire an experienced family law attorney to help you in your child custody case. Your family law attorney will listen to your concerns and help you develop a parenting plan that is right for you and your child. 

Read more: Co-Owning The Family Home After Divorce: A Short Guide

Contact a Family Law Attorney for a Consultation About Your Child Custody Case in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. Family law attorney Lois Garber Schwartz, Esq. represents clients throughout the state, including Cherry Hill, Haddon Township, Voorhees, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 375-8989 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1040 Kings Highway N., Suite 202, Cherry Hill, NJ 08034.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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    Lois Garber Schwartz

    1040 Kings Highway N., Suite 202

    Cherry Hill, NJ 08034


    Phone: 856-375-8989

    Fax: 856-482-0343