Serving families from our law office in Red Bank, NJ
During your divorce, the decisions made about your children will have an immeasurable impact on your relationship with them for the rest of your life. Questions of custody, visitation, parenting time, child support, and others will determine, in large part, how your children see you as they become adults and you age into your golden years. You can work out an arrangement with the other parent or you can have a judge settle the matter — either way, having experienced legal counsel on your side is a must.
At Atkinson & DeBartolo, P.C. we help parents resolve child custody and support issues to the maximum benefit of our client — even when that means informing them that they might benefit from a longer-term perspective. Shielding your children from the drama is vital; as lawyers we will protect your parental rights while providing your children every ounce of safety and security that serves their best interests.
If you are considering child support or visitation please contact our Monmouth County Child Custody Attorneys at our office in Red Bank NJ.
Child Custody Determinations
Ideally, it is best for the parents to settle the issues surrounding the custody arrangement of the child outside of the court. This gives the parents themselves more input and more control over the outcome of the case. It also reduces the tension between the parents, thereby making the entire process far less stressful.
However, we understand that there are some instances where an out of court child custody arrangement is simply not a viable option. In these cases, the court will select a judge or neutral mediator to help the parents determine the best outcome. If mediation is unsuccessful in resolving the custody and parenting time issues, litigation before an arbitrator or judge will be necessary. When contesting the custody of your child, you will not be alone – our experienced New Jersey custody attorneys will be by your side to advocate on your behalf.
When the judge or arbitrator makes a custodial determination, it must, under our laws, be based on the best interest of the child, using numerous determining factors, such as:
- The ability of the parents to keep the lines of communication open when it comes to issues surrounding the child/children
- The child’s relationship with the parents and brothers/sisters
- What the child wants – given the child is of an adequate age to render an informed opinion on the matter
- How close the two parents live to one another
- The work schedules of each parent (if any)
- If there have been any past cases of abuse by either parent
Our attorneys will provide careful analysis of those and all relevant factors, providing effective advocacy before the court when child custody or parenting time must be litigated.
Child Support Payments
In New Jersey, the amount of child support is determined, in most cases, by utilizing the Child Support Guidelines developed by our Supreme Court. The amount of support is based upon the income of each parent, how much time each will have physical custody of the child, and the costs for the child’s medical insurance and daycare. During the proceeding, our attorneys work to make sure that the information provided is complete and accurate. (For example, if one of the parents is self-employed, they may not always be totally upfront with all their income sources. At Atkinson & DeBartolo, P.C., we will work with an expert to utilize Cash Flow Analysis and other data to ensure that the Court has an accurate income figure for the purposes of determining child support.) In addition, if financial circumstances change or if payments are not being paid as agreed, we represent our clients in modification or enforcement hearings.