Child Custody Lawyers Hackensack New Jersey

Child Custody Lawyers Hackensack, New Jersey

Child Custody Lawyers Hackensack, New Jersey

Our Child Custody Lawyers in Hackensack, New Jersey from Lesnevich Marzano-Lesnevich O’Cathain & O’Cathain, LLC have seen firsthand how complicated legal matters can affect families. Child custody cases are no exception. Every parent wants what’s best for their child, but arriving at a solution that includes acceptable terms for both parties is not always straightforward. Settling child custody cases are often challenging. 

If you are facing issues regarding child custody, you may want to speak with a lawyer who understands how to give their clients the critical legal assistance they need. The skilled lawyers at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC have experience in a wide range of topics within family law. They have provided legal assistance concerning divorce, child custody, child support and other areas. Dealing with child custody disputes can be challenging without proper legal help, so you should work with a lawyer who has established an excellent record of achieving positive results for their clients. 

Types of Child Custody Arrangements

Skilled child custody lawyers from our law firm can explain that there are several types of child custody. Child custody laws vary from state to state, but there are many similarities. A parent can not have general custody of their child. Child custody consists of two elements: 

  • Legal custody. This concerns the life decisions a parent makes for their child, such as what school they attend, what religion they are raised under, or what healthcare they have. A parent can be given sole or joint legal custody. 
  • Physical custody. This refers to which parent the child spends the most amount of time with and who they live with. Physical custody is further broken down into joint physical custody or sole physical custody. In joint physical custody, the child spends a roughly equal amount of time with each parent. Sole physical custody is when one parent has visitation rights and the child primarily resides with the other parent.

How Child Custody Is Determined in New Jersey 

In most cases, a judge will rule in favor of a 50/50 child custody arrangement where the child is given the opportunity to spend an equal amount of time with each parent. The state favors this arrangement so the child has the chance to develop a strong relationship with both parents. The best interests of the child are always at the center of a ruling, so joint legal custody and joint physical custody is only ordered if both parents are deemed fit to share responsibility for raising their child. A court may rule that a parent is unfit to care for their child if the parent shows a lack of interest in caring for the child or has a history of substance or domestic abuse, among other factors. 

Tips for Winning a Child Custody Battle

If you are in the middle of a child custody battle, you likely feel stressed and nervous. However, the actions you take from now on can affect your chances of winning custody. Here are some tips to improve your chances of winning custody of your child.

  • Always put your child first. Before a judge will grant custody to a parent, he or she wants to make sure that parent takes the parenting responsibilities seriously. As such, you should always put your child first. Be on time for visitations, talk to your child often and don’t share the details of your divorce with him or her.
  • Follow court orders. A judge may issue various court orders throughout your custody battle. It is important to follow them. For example, if the judge requests for you to take a parenting class, you should do it. Refusing to follow court orders can jeopardize your child custody case. 
  • Document your ex’s poor behavior. If your ex has consistently been exhibiting bad behavior, you should not hesitate to let the court know. For instance, if your ex frequently shows up late to visits or constantly bad mouths you in front of your child, you should not let him or her get away with it. If the judge finds out that your ex has been behaving badly, he or she will use that in the custody decision.
  • Hire a child custody lawyer. A child custody battle can be a stressful process and involve many complexities. That is why it is essential to have experienced Hackensack child custody lawyers in New Jersey on your side. A lawyer can help you build a strong case and improve your chances of winning custody of your child.
  • Be careful about what you post on social media. These days, many people turn to social media to vent about their problems. However, you should avoid doing this if you are going through a child custody battle. If you complain about your ex on your social media, for example, it can be considered parent alienation and be used against you.
  • Make a good impression in court. When you go to child custody hearings, remember that making a good impression is important. Dress appropriately, arrive on time and answer the judge’s questions completely.

Who Gets Custody of Adopted Children?

Divorce is often a tumultuous time for all parties involved. This can be particularly true when the married couple has shared children. Not only are there emotional hardships to overcome, but often issues pertaining to custody that greatly impact the future of the family members’ living and financial situations. 

During a divorce, all children of the married couple retain certain rights, whether those children have biological relationships to their parents or not. If those children are adopted, though, there may be certain things to keep in mind during the divorce proceedings.

Seeking Custody 

Both parents can legally seek custody for an adopted child just like they could if they shared a biological child. In the case that one parent is biologically related to the shared child, some states may give zero preference to that parent, as both parents have the same legal rights to their child. On the other hand, other states may consider the biological relationship and length of adoption between the child and non-biological parent.

Like in all child custody cases, what is most important is what is in the best interest of the child. This is based on circumstances like education, health care, financial needs and prior living arrangements. It is not unusual for adopted children to have specific needs that are taken into consideration to ensure their emotional and physical safety and well being. 

Two Vital Tips To Keep Your Child First

In a child custody case, it is critically important to put the best interests of the child first, above any needs or desires of the parents. Here are two vital tips from child custody lawyers in Hackensack, New Jersey, to help you keep your priorities in order.

Don’t Discuss the Divorce With Your Child

Telling a child that Mommy or Daddy did such-and-such bad thing will only serve to confuse the child. It’s called parental alienation, and it can significantly change the way your child views the world. Your child may forget all the good memories associated with the targeted parent, and may run away when in their physical custody. Child custody lawyers in Hackensack, New Jersey,can help you whether you are the alienator or the targeted parent.

Parental alienation can also be used against the alienator in your custody case, leaving the child in the sole custody of the targeted parent the child now hates. The child would feel torn between the only parent they feel loves them and the parent they believe hates them, who has custody. The attorneys at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC may help you avoid parental alienation charges being leveled at you.

The only thing you should ever tell your child about your divorce is that both parents still love the child very much, and the divorce is not the child’s fault.

Always Show Up for Your Child

Whether it’s in court with your lawyer from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, at a scheduled visit or when the child is in your physical custody, always be there for your child whenever they need you. If you want custody of your child in any way, fight for them in court with child custody lawyers in Hackensack, New Jersey. If you are visiting your child in the other parent’s home or during a supervised visitation, keep your focus 100% on your child. When the child is in your physical custody, make yourself as available as possible for your child in case they want or need you.

Being there for them could mean building with Legos, going outside to play or just sitting quietly together. You are showing your child that you love and value them, no matter what. It’s crucial for your child to feel that love. 

That being said, it’s also important to maintain consistent discipline if your child acts out due to the tumult they may be feeling. If they were grounded for sassing prior to the divorce, then ground them for sassing during and after the divorce. Children crave a stable home life, and keeping disciplinary measures the same helps with that.

Child Support


One unique financial factor that is considered during a divorce between parents with an adopted child is whether or not the child receives a state adoption subsidy. This money, which can amount to hundreds of dollars a month, is still sent to the child even if his or her parents get divorced. This can create confusion about determining child support. How the subsidy is factored into the child support calculations vary by state.


Divorce During Adoption

If divorce occurs between a couple while trying to adopt a child, the process can be impacted. The birth parents may not feel comfortable giving their child to a couple going through a separation, and the court may decide that the divorce will impact the child too negatively to follow through with the adoption. Other times, the court may decide to proceed with the adoption, or one parent may proceed with the adoption while the other does not. If you are seeking a divorce with your spouse whom you share an adopted child with, seek the advice from a local child custody lawyer today. 


Contact a Top Family Law Lawyer For Legal Assistance 

Schedule a consultation with our NJ Child Custody Lawyers in Hackensack at Lesnevich Marzano-Lesnevich O’Cathain & O’Cathain, LLC by calling or emailing now.

The Elements of a Child Custody Case

Going through a divorce can be difficult, but it is even more difficult when there are children involved. The most important priority during this process is the well-being of the children, and the judge is going to focus on that. If you want to retain custody of your children, you need to work with Child Custody Lawyers in Hackensack, New Jersey, such as an attorney from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, who can make sure that your side is fairly represented. What are the elements of a child custody case?

The Well-Being of the Children

Without a doubt, the most important factor that the judge is going to consider is the well-being of the children. The judge is going to take a look at each child and analyze their relationships with their parents. The judge is also going to take a look at the environments that the parents are creating. The judge will also consider the connections of the children throughout the community. This could include friends, schools, sports, music, and more. Because there are a lot of elements to consider, it is important for you to work with Child Custody Lawyers in Hackensack, New Jersey. 

The Individual Situations of the Parents

Before making a final decision, the judge is also going to look at the individual situations of each parent to see who can provide a better environment for the child. For example, one parent might work long hours and might not be around for the children that much. It is also possible that a parent might have substance abuse issues, or could be in and out of jail. These factors will also be considered when deciding who the children should live with. This can be a difficult process, and it is important to work with an attorney. 

Work With a Child Custody Lawyer

Going through a divorce can be stressful, but it is even more stressful if there are children you need to be considered. The judge will almost always keep the children together, so it is important for you to make sure that your rights are protected as well. If you work with a child custody lawyer, you can make sure that your side of the story is hard. For this reason, make sure you reach out to Child Custody Lawyers in Hackensack, New Jersey, such as a lawyer from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, who can guide you through the process.

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