Winning Custody From the Custodial Parent in New Jersey

By Santo Artusa on July 17, 2019

I don't think there is anything more important to fight about than your children. There is no money in the world that can take the place of having time with your kids, teaching your kids, loving your kids and having them know how much you love them. I am a family law attorney but I am a human being with children that has fought for my own children before I was an attorney. The time I have with my kids is more important than anything else. Taking that away from a parent is a terrible thing. Unfortunately it happens everyday. I write this blog to talk to parents that may not have residential custody or parents that have joint custody but seek sole custody because the other parent is not around. I write this to prove that there is hope. I write this to show that despite losing battle after battle, you can still win the war. I did, and I do it for my clients all the time. Is is easy? No it is not. Is it worth it? Yes it is.

One problem that parents misunderstand and that seems to be allowed more and more is that, the residential parent is the boss. The person that makes all decisions. While that parent does decide what the child eats, wears etc each day, that parent is not the boss. That parent must communicate key issues and decisions. That parent must try to foster the bond between the children and non-custodial parent. However, many do not. While they do not you should not sit around and expect God to intervene. You need to make a move by filing a motion in family court with someone that knows what to do. There is no doubt or mystery that Judges respect litigants that have lawyers than those who do not. Even if you think you can handle yourself in front of a Judge, you will never be able to at the same level of an experienced family law attorney. Never.

Recently, I represented a dad who did not have residential custody of his kids in three years. He filed motion after motion, after motion. He lost and lost then lost again. He hired me and within 90 days, the children returned to his home after three very long years living with a relative. It was a big win for him and I was glad to be able to hand him the trophy, the children. When someone comes to me, I try to see what I can do for them. I read into what went wrong and what went right. I look to see how I can improve my client's situation as soon as possible. Sometimes it takes longer than we planned but when you are in a war, like you are in family court, there is a time to strike and there is a time to wait. While you wait, you continue to build your case (your ammunition) and you are then ready to strike when the time is right. We know when to strike.

While we know when to strike, it does not mean that we should not consider a compromise. When a Judge decides, you never know what can happen. Making a deal is usually the right decision unless the terms from the otherside do not make sense and it is worth rolling the dice. I only try to advise clients to accept deals that I would accept if it was me. I have been through the family court system and know what it feels like to have a Judge decide my life and how terrible it feels not to have an attorney to advise me they way he or she should. I do everything I can to give my client the best and worst case scenerios. I never want a client to go before a Judge not knowing what they may be exposed to.

Family law matters are of critical importance. You go to work, why? To support your kids. To give your kids a better life. To enjoy life with your kids. If you do not fight for that and do not have the right lawyer for you, you will regret it. You will regret not fighting. You will regret trying to hire an attorney on a budget. Would you hire the cheapest heart surgeon? This is your life on the line. The reason you breath. Be smart, work with an experienced and caring attorney today. Call us on 973-337-9643.

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