Domestic Violence and Child Custody Attorneys in Union County, NJ
Serving Clients across Summit, Elizabeth, Scotch Plains, Linden, and Union County
Child custody is often determined as part of a divorce or as an independent legal agreement. Regardless of whether the co-parents are unmarried, going through a divorce, or have a unique parental set-up, the New Jersey Courts will consider the best needs of the child first and foremost. This includes any history of violent crimes or domestic violence by either co-parent or other family members. To understand how domestic violence can impact potential child custody agreements, it is important to understand both domestic violence laws and how judges and mediators view domestic violence charges when determining the custody arrangement of a child.
Domestic Violence Impact on Child Custody Hearings in Monmouth County
Our Union County child custody lawyers have extensive experience handling the two distinct domestic violence charge types in New Jersey: criminal and civil
- Criminal trials are traditional court cases where the offender will be charged with a disorderly person or felony crime.
- Civil trials for domestic violence are generally part of final restraining order hearings.
Both types of proceedings require the accusing party to provide adequate evidence of domestic abuse by the defendant.
When a co-parent has been found guilty of domestic violence through a criminal or a civil trial, that often has a major impact on child custody proceedings. Judges or mediators will review the specific evidence of your case and determine what will be best for the child. If the co-parent is considered to still be a danger to the child, they may receive no custody considerations. In other cases, they may receive reduced custody or supervised parenting time. There is no one-size-fits-all answer to these types of child custody cases.
False Accusations of Domestic Violence: Linden, NJ Child Custody Lawyers
Another situation that our Linden child custody lawyers encounter is one where a parent has been falsely accused of domestic violence by another co-parent or family member. False accusations of a crime are taken extremely seriously by the New Jersey Family Courts. The courts may determine that an intentional and malicious accusation of domestic violence, without adequate evidence, is a serious black mark on the credibility of the accusing party.
In these cases, the accusing party may receive reduced custody, no right to legal child custody, and in some cases may even lose their right to child custody altogether. With that being said and if at all possible, the courts favor arrangements where a child has a close relationship with both parents. There is a wide array of options available to parents to make this happen. The intricacies of each and every option, require knowledge, experience, and the clarity of a well versed, third party, professional. It is highly advisable that co-parents choose to work with a qualified Red Bank child custody lawyer or mediator throughout the legal process to protect their legal rights and secure their family’s future.
Is There a History of Domestic Violence in Your Child Custody Case? Call our Union County Child Custody Attorneys Today
At Law Office of Edward S. Cooper, our attorneys have extensive experience serving families across Summit, Elizabeth, Scotch Plains, Linden, and Union County. Our team of attorneys believes in working closely with clients and their families throughout the legal process to deliver highly personalized and effective legal solutions. Our legal team has secured a number of precedent-setting and landmark decisions at the local and state level.
If you have any questions relating to domestic violence and child custody, please contact us online or throughout the NJ office by calling (908) 481-4625 today for a free and confidential consultation today.