Hudson County-Filing for Custody in New Jersey Child Custody Lawyer NJ By Santo Artusa on July 10, 2020

FILING FOR CUSTODY IN NEW JERSEY

As a New Jersey Family Law Attorney with offices in Hudson and Passaic County, NJ, I know the guiding principle with regard to child custody is the best interests of that child. That is the key determinant when custody decisions are made by a family court judge. You can file this through an attorney and the JEDS-electronic filing system or you can try yourself. If you are married and seek custody, you would normally file under the divorce or dissolution docket (FM) and if you are not married to the other parent, you would file under the non-dissolution docket (FD). The most common custody battle concerns residential custody (where the child will live on a primary basis. Joint or sole legal custody have to do with major decisions, major medical decisions and legal issues for the child.

If you seek to file for custody or modify a current family court order for residential or legal custody in Hudson County you would file at the Hudson County Family Court which is located at 595 Newark Avenue, Jersey City, NJ 07306. To file for custody in Essex County Family Court located at 212 Washington Street, Newark, NJ 07102. To file in Bergen County you would file in the Bergen County Family Court is located at 10 Main Street, Hackensack, NJ. I will list more of the courts later in this article.

FAMILY LAW RELIEF OFTEN SOUGHT IN THE FAMILY COURTS IN NEW JERSEY:

  • GRANTING SOLE LEGAL CUSTODY
  • RELOCATION OF A CHILD OUT OF STATE
  • CHANGING SCHOOL DISTRICTS
  • JOINT LEGAL CUSTODY
  • SHARED RESIDENTIAL CUSTODY (Share custody)
  • PRIMARY RESIDENTIAL CUSTODY
  • PARENTING TIME
  • CHILD SUPPORT

In New Jersey, While the best interests of a child are the most critical for custody determinations but you may ask, what is the best interest or what are the best interests? And a Judge may ask why should the child live with you if the child is living elsewhere, why change custody?

What is considered when filing for custody?

  • The current custody situation
  • Living Arrangements
  • Home Environment
  • Mental Health of the Parents
  • Preference of Child ( At certain Ages)
  • School Work, School Attendance
  • If There Is Any Neglect
  • Domestic Violence
  • Drug Use
  • Alcohol Abuse

How Does a Family Court Judge Decide What is Best?

The Judge will hold a plenary hearing where witnesses can be called and evidence can be used in accordance with the New Jersey Supreme Court and Rules of Evidence. So a party cannot simply take the stand and say, " I am the better parent, our child should be with me." You may use or need a child custody expert to help build your case. A guardian may be appointed for your child or a guardian ad litem. The court must follow the civil rules of procedure and case law. Family court judges are trained to handle family law matters and have a lot of control on the proceedings and plenary hearing. For that reason alone it is of critical importance to know the law and know the procedures of the court which can even be difficult for unskilled attorneys.

So while this was a brief article on filing for custody in New Jersey, if you have specific questions and or seek to hire an experienced divorce or family law attorney in New Jersey, contact our office on 973-337-9643 today.

 

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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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