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Segalas Law Firm

The Segalas Law Firm - Matrimonial and Family Law Firm - Bergen, Essex, Morris and Passaic Counties, New Jersey

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    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
    • Mediation & Arbitration
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Child Custody in New Jersey: What NJ Families Need to Know

In the U.S. today, around 39% of marriages end in divorce. While that’s not a fact many of us like to think about, it’s important to give this topic careful consideration — especially if you share children with your spouse. Nearly ⅔ of all second marriages end in divorce. And upwards of 80+% of marriages with children who have special needs end in divorce.

Although custodial arrangements can often be reached without a contentious court battle, it’s important to understand some of the basics before meeting with a child custody lawyer in NJ. Of course, knowledgeable child custody lawyers can provide you with guidance pertaining to the particulars of your case. But today’s post should serve as a helpful introductory guide to child custody for New Jersey families.

What’s the Difference Between Sole Legal Custody and Joint Legal Custody?

There are a number of different legal arrangements that child custody lawyers will see in their cases.

Legal custody provides one parent (or both parents) with the right to make medical, educational, religious, and other decisions on the child’s behalf. In New Jersey, both parents start out, presumably, as having equal rights to the care, support and decision-making regarding their children. Because of this, it is very uncommon for a parent to have sole legal custody as absent compelling circumstances, both parents generally will play a role in making these major decisions for their children.

Joint physical custody typically means that children will split their time in a relatively meaningful way which most parties can work out, and which is not necessarily an equal split of time. There are all sorts of arrangements that child custody lawyers help to create which parties enter into and which are supposed to first consider and support the best interests of the children involved.

How is Child Custody Determined?

As mentioned above, child custody can be arranged in many different ways. In New Jersey, courts and qualified counsel go to efforts to try to resolve matters without the need for a judge to decide them. Some agreements involve 50/50 custody, in which the children split time evenly or nearly evenly between their parents’ homes and parents share equal responsibility in making important decisions.

However, it really depends on the circumstances of each case and what is best for the child. A court may find that 50/50 custody is inappropriate and could be potentially harmful if there’s a history of domestic violence or substance abuse stemming from one parent or if a parent has a lack of interest in providing for that child.

If there are siblings involved or if one parent served as the primary caregiver for most of their lives, that may also be taken into account when determining these arrangements. In addition, the children’s wishes also matter, but do not determine where they will reside primarily when the Court is required to decide such a sensitive issue.

What If the Parents Can’t Agree on Child Custody Arrangements?

Ideally, it’s best to work out custody arrangements before a painful and costly court battle ensues. As child custody lawyers will tell you, New Jersey courts will require parents to participate in mediation in order to try to resolve custody issues. In some situations where an amicable agreement can’t be reached, custody evaluations will be performed as part of a court case to determine what’s best for the children involved. Of course, this can be a lengthy, expensive, and frustrating process, which is why it’s best to work with a lawyer who can help you facilitate a successful resolution.

No one ever pictures themselves going through a divorce, much less a custody dispute — and navigating these challenges can be even more difficult when you share children. However, having an experienced lawyer on your side can make all the difference. For more information or to schedule a consultation, please contact us today.

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CLIENT TESTIMONIALS

A true professional
September 29, 2018
A true professional, caring and compassionate - Steven handled a complicated emotional post-divorce matter for me with all of the expertise and grit you would expect from a top Family Law Attorney, but Steven also has a deep care and concern for his clients best interest as a whole long after the matter is settled that I am proud to say for anyone considering him for your matter you should meet him and see for yourself. I'm sure you will feel as confident as I did that he is a Top Choice Attorney.
- Anthony
Great Attorney
June 21, 2018
Steven Segalas truly cares for his clients. He is knowledgeable, kind and a great negotiator! Served as my attorney for a difficult child support case and handled challenges with ease. He’s the one to have on your side. Would highly recommend him.
- Luis
Great Attorney
February 13, 2018
He knows his business as an attorney and keeps you updated. He is not only an advocate in court but outside of it. I cannot recommend him enough.
- Anonymous
Professional and Supportive
July 17, 2015
I absolutely do not know where I would be without him. I went through a 3 year divorce where my ex-husband changed lawyers numerous times. Steven was on top of every single aspect of my case and was there for me every single step of the way, he even spent Valentine’s Day in mediation with me. In addition to handling the divorce, Steven also represented me in my Domestic Violence Case against my ex-husband and secured a FRO (formal restraining order). The trial revealed very personal, embarrassing and painful information. Steven was nothing but professional and supportive. If you are looking for an attorney, you will be in excellent hands with him. Even when you are at your worst, he will hand you a tissue and make you smile!
- Bonnie
Outstanding Family Law Attorney
March 27, 2015
Steven M. Segalas is an outstanding Family Law attorney. I have worked with Steven as an adversary on many cases. Steven is an expert on Family Law. He is always up to date on statutes, Rules of Court and case law which bears on the cases we have handled together. I respect Steven’s strong advocacy for his clients. Steven knows when to fight and when to compromise. This is the true sign of a great Family Law attorney.
- Faith
A Great Attorney
March 16, 2015
A great attorney handled my divorce. My divorce and subsequent child custody matters were quite involved. Mr. Segalas was thoughtful and helpful throughout the process. He employed some out of the box thinking that allowed me to continue to have healthcare for myself and my children during a very trying time in my life. I always felt protected in court. Mr. Segalas was always ready to respond to whatever allegation was made in my direction from opposing counsel. I was very happy with his service.
- Anonymous
Fast-precise-no BS
March 10, 2015
Steve worked his magic to saved me from the X….Saved me thousands! Fast-precise-no BS. I would use Steve without second thoughts knowing you will be in the best of care & guidance!
- Mark
Great Attorney
February 27, 2014
My attorney makes ME a priority. He always explains the legal divorce process in terms that I can understand; and he has the ability to answer all of my divorce questions. The office is well-staffed for the follow up. My attorney has a team of lawyers and legal assistants trained to guide me through the divorce process and fight for my best interests. My attorney always presents a clear plan which includes all steps of divorce, information I need to gather, and a fee schedule. My attorney raise other issues I had not thought of yet that could have significant ramifications for the short-term and long-term success of my divorce. I go with my attorney who addresses my fears and concerns; exudes confidence and feels like a good fit for me ????
- Mark
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80 Broadway, Suite 101
Hillsdale, NJ 07642
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Hawthorne, NJ 07507
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DISCLAIMER

The material presented on this website is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

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