Child Custody Application When You Have Residential Custody in NJ By Santo Artusa on July 03, 2020

As a New Jersey Child Custody and Family Law Attorney in Jersey City/Hudson County, I know that Child Custody Laws in New Jersey Can Be Complex and Stressful if You Have a New Jersey Custody Case.

You may have recieved legal papers in the mail from the New Jersey Superior Court Family Part concerning the custody of your child from Hudson County, Essex County, Union County or beyond.

The papers may indicate why the other parent seeks custody and where and when a court date may be.  While your child may live with you, the other parent may seek custody at anytime. Again, the other party may seek custody but if handled correctly, you will retain residential custody and if you already have sole legal custody, you may be able to maintain that as well. It can be confusing. You may think how can the father even ask for custody when he does not even pay child support or how can he seek residential custody if he does not even see our son/daughter? And while he should not win or she should not win, if you make enough mistakes, he or she may win custody of the child. How? Why? People come in to my office or we speak on the phone about their case and they reveal way too much information that is not pertinent  to the current custody application. As I am the main lawyer that will work on your case, I will not waste hours of time, billable or not on non-pertinent issues and facts. I get to the point and argue my cases with passion based on the truth and strengths of my clients' cases. 

IN NEW JERSEY FAMILY COURT, THE BURDEN OF PROOF IS ON THE LITIGANT/PARENT SEEKING CUSTODY NOT ON THE LITIGANT THAT HAS CUSTODY

This means that you do not have to say anything until they have met that burden of proof which is not easy to meet. Many litigants never meet that burden of proof. So some litigants hear or read that the other side alleges you have mental issues and you decide to run to your doctor who will write a letter as to what your therapy is about. Why would you do that? The burden has not been met, and you are entitled to privacy concerning medical issues. 

Another allegation may be drug use and you decide to take a drug test at a lab to disprove the allegation and the lab provides erreneous results. You think this does not happen? It does. 

Your ex or the other parent may simply be seeking custody to negotiate more time with the kids or to have child support lowered. He or she may know that he or she will not win but they may be able to convince a judge or negotiate more time with the children. If there are valid grounds for a change in custody, we can help you defend against those claims in the right way. You have to talk to us about what is going on and understand that we know what to do to keep custody or win custody if you don't have custody now. 

My team and I are not a big firm that has qoutas for billable hours that lead to frivilous litigation and taking cases that do not have merit. We take cases we believe in and work hard to obtain the best results possible for our clients. If you have a family law matter in New Jersey contact our team on 201-706-3788 for an in person or virtual/phone appointment. 

 

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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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