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Our attorneys represent mothers, fathers, and guardians in all types of custody and parenting time matters filed at the Ocean County Superior Court Family Division:
New Jersey recognizes two categories of custody — legal custody and physical custody — and each can be awarded as sole or joint. Understanding the difference matters because they determine two separate things: who makes decisions and where your child lives.
Legal custody controls who makes major decisions about your child’s education, healthcare, religious upbringing, and extracurricular activities. Joint legal custody means both parents share decision-making authority. Sole legal custody gives one parent full authority to make these decisions without consulting the other.
Physical custody determines where your child lives. Primary residential custody means the child lives with one parent at least 51% of the time, while the other parent has scheduled parenting time. Shared residential custody splits the child’s time more equally between both homes.
New Jersey courts favor arrangements where both parents remain actively involved. Joint legal custody is the most common outcome when both parents are fit and able to communicate. However, sole custody is appropriate when one parent has a history of domestic violence, substance abuse, or an inability to co-parent effectively.
Every custody determination in New Jersey is governed by the best interests of the child standard under N.J.S.A. 9:2-4. Courts do not favor mothers over fathers — both parents begin with equal rights.
Custody cases are personal, high-stakes, and emotionally charged. The outcome determines how much time you spend with your child and how much control you have over the decisions that shape their life. The attorney you choose directly affects that outcome.
Our office is located at 801A Main Street, Toms River, NJ 08753. Call (732) 736-9300 to schedule a consultation with a custody attorney.
Results may vary depending on your particular facts and legal circumstances.
Custody is determined by the best interests of the child standard under N.J.S.A. 9:2-4. Judges evaluate 14 factors including each parent’s relationship with the child, the stability of each home, the child’s ties to school and community, each parent’s willingness to foster a relationship with the other parent, and any history of domestic violence. New Jersey courts do not favor mothers over fathers — both parents have equal rights under the law.
Legal custody determines who makes major decisions about the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives. Each type can be sole (one parent) or joint (shared). The most common arrangement in New Jersey is joint legal custody with primary physical custody to one parent and parenting time to the other.
If the other parent violates a custody or parenting time order — by withholding the child, refusing scheduled parenting time, or making unilateral decisions about the child’s life — you can file a motion for enforcement with the Ocean County Superior Court Family Division. The court can hold the violating parent in contempt, modify the custody arrangement, adjust parenting time, or impose other sanctions. Document every violation with dates, times, and any written communication.
Yes, but you must demonstrate a substantial change in circumstances since the last order was entered. Common grounds for modification include a parent’s relocation, a change in the child’s needs, a parent’s substance abuse or mental health issues, or a parent’s repeated failure to comply with the existing order. The court evaluates the modification request under the same best-interests standard used in the original determination.
You are not legally required to have one, but custody cases involve evidence presentation, witness testimony, cross-examination, and legal arguments about statutory factors. The other parent may have an attorney, and representing yourself against opposing counsel puts you at a significant disadvantage. The court does not appoint attorneys in custody cases. An experienced custody attorney knows how Ocean County judges evaluate the 14 best-interests factors and can present your case accordingly.
