Child Custody

South Jersey Child Custody Attorneys

Child custody in the state of New Jersey is based on a statute, Title 9, which provides that custody determinations shall be made based upon the best interests of the children. There are two levels of child custody:

• Legal custody generally means the right to share in all major life decisions of the child, such medical decisions, educational decisions, and religions upbringing. Legal custody is shared between the parents, unless one of the parents has been abusive or neglectful. In that situation, one parent could have sole legal custody.
• Physical or residential custody is where a child lives during the school year and sleeps overnight Monday through Thursday.

Physical or residential custody is the battleground in many divorces. It is the most challenging and problematic matter that can be presented to the court. In New Jersey, we have 400,000 cases processed each year. We have approximately 12,000 cases of all kinds in Burlington County, many involving custody disputes. Because of the explosion of no-fault divorces, the New Jersey court system has created lawyers of insulation long before you get to a judge.

Under New Jersey Supreme Court rules, the first step in any case where there is contested child custody is to send the parties to court-sponsored mediation. More than half of New Jersey child custody cases settle during these mediation sessions.

If mediation fails, the next step is for an evaluation with a psychologist. The psychologist prepares a report, and that report is shared with the litigants and the judge. Most of the remaining child custody cases settle at that point. If that does not work, the third step is to go to a contested hearing with witnesses and testimony in court, which happens in 3 percent to 5 percent of child custody cases.

At the family law practice of Musulin McGuigan, LLC in Mount Holly, New Jersey, our lawyers talk with our clients about why it is in their best interests of a child to be with them. We refer our clients to the historic patterns of caretaking during the marriage. Then our lawyers go through a challenging conversation with them in an attempt to differentiate their own personal and emotional needs to have a child with them versus what is truly best for the child. If necessary, we have litigated child custody cases over the last 20 years and possess the requisite skill to handle all phases of trial procedure.

To schedule a consultation, contact New Jersey child custody attorneys Christopher Musulin and Colleen McGuigan. With office in Mount Holly, we serve clients throughout South Jersey.

Our Forms page contains definitions of child custody and information about child custody and mediation programs.

Your Child Custody Attorneys

Christopher Musulin is a fellow of the American Academy of Matrimonial Lawyers and the author of numerous books and articles on divorce and legal/physical child custody.

Colleen A. McGuigan is a member of the Burlington County Bar Association and the New Jersey Bar Association.