CHILD CUSTODY

Many fathers still do not understand that they can obtain custody and some fathers are not aware of the different types of custody. Generally, New Jersey recognizes Joint Custody and Sole Custody. New Jersey also recognizes one parent as the “Parent of Primary residence.” This concept used to be referred to as: “Residential Custody. “

“Joint Custody“ means that both parents play an equal role in making major decisions regarding your child’s welfare, such as choosing schools, colleges, religion, health care, where they go on vacation and whether or not the other parent can introduce them to a significant other. In most cases, the Judges in New Jersey (as well as New York) will grant Joint Custody unless, there is an issue involving a father have a significant alcohol, drug or domestic violence problem. If the parties with joint custody cannot agree on a major issue, it can be resolved by mediation, by a parent coordinator or by litigation.

“Sole Custody” means that the parent who is granted sole custody will make all the major decisions about your child’s welfare without input from the other parent. This is a rare scenario.

The “Parent of Primary Residence” or the parent with: “Residential Custody” is the parent with whom the child spends the most overnights with. This parent usually makes most of minor day to day decisions, such as clothing, food, etc. 

Since many fathers now play the role of equal or primary caretaker for the children because the mother works full time, more and more fathers are becoming the parent of primary residence.  The significance of this, besides more parenting time, is that the parent of primary residence is the parent who receives child support. 

Also, many fathers do not realize that they can also get 50\50 parenting time. I will discuss this on my page about “Parenting Time and Visitation.”

GET THE BENEFIT OF EXPERIENCE ON YOUR SIDE

For over 20 years, attorney Michael Berkley has aggressively represented fathers who face all kinds of marital disputes, and Mr. Berkley has effectively and timely resolved their cases. He will take the time to advise you on your rights and obligations. An effective negotiator and trial attorney, Mr. Berkley will explore all methods of resolving your case to avert costly and time-consuming litigation. Should negotiation prove unsuccessful, however, Mr. Berkley is ready with an “iron legal fist” to protect your best interests in court.

FIND OUT WHAT WE CAN DO FOR YOU

Call (201) 525-1666 to schedule a free initial consultation with an experienced father’s rights lawyer. Our phone is answered 24 hours a day, 7 days a week. For your convenience, evening and weekend appointments are available.

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Law Offices of Michael P. Berkley Esq., P.C.

New Jersey Office:
55 State St.
Hackensack, NJ 07601
Tel: (201) 525-1666
Fax: (201) 525-1669

New York Office:
585 Stewart Ave., Ste. 700
Garden City, NY 11530
Tel: (516) 227-2121
Fax: (516) 227-1250