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Blogs from February, 2022

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If you are undergoing a child custody case, you may have a lot of questions regarding the care of your child. However, your main concern may be: is preference given to either parent in my case? You may worry that the answer will dictate how you approach your case, but rest assured that our team at DeTommaso Law Group, LLC is filled with experienced child custody attorneys who know the ins and outs of child custody in New Jersey.

Level Playing Field

The short answer is that there is no preference given to either parent and instead, parents begin their custody proceedings on a level playing field. With the courts preferring to grant joint legal and physical custody of children, parents will need an aggressive approach if they wish to seek sole custody of their children.

The courts are more inclined to award joint custody because it preserves the relationship both parents have with the child. For the courts to award sole custody of a child, one parent must be proved an unfit parent, and the awarding of joint custody to not be in the child’s best interests. While you may be focused on ensuring you have custody of your child, the court will be focused on what living arrangement will provide the best outcome for your children.

Seeking Sole Custody

Due to the courts viewing joint custody favorably, it is essential to prove that the other parent is an unfit parent if you wish to seek custody. To show the courts that granting joint custody would negatively impact your child, you have a high burden of proof against the other party. You may need to provide documentation regarding the other parent’s:

  • Substance abuse issues,
  • Domestic violence calls to the police or restraining orders,
  • Mental illness or behavioral issues,
  • Or any other reasons why the courts would view the other parent as an unfit parent.

Unfortunately, even if both you and your child wish for sole custody, the other parent must be deemed unfit or an unstable environment first by the courts. With the high burden of proof placed on the accusatory party, it can often be difficult to prove an unfit parent or seek sole custody, unless the court finds it obvious that the situation would not be healthy for the child.

Aggressive Approach to Child Custody

Our child custody attorneys at DeTommaso Law Group, LLC know that how you approach your custody case can be a large factor in its outcome. We take an aggressive approach so that you can win your case and custody of your children.

Need help fighting for sole custody? Call us today at (908) 274-3028 or contact us online to schedule a consultation.