Child Custody Tips

Do you have questions about a child custody case? Read our Child Custody Tips and contact New Jersey Child Custody Lawyer Brian Freeman.

Courts Favoring the Mother

Many of my male clients ask me, “What are my chances, realistically, of having more parenting time than the child’s mother wants to allow?” or “What about having custody of the children?” Over the last 10 to 15 years, the law has changed considerably. Whereas, previously, the mother was nearly always presumed to be the parent of residence for the children, today, that perspective has changed significantly. While the mother is still very likely to be the parent of primary residence, that number is currently approaching 50/50. I’ve had many cases in which the father has been able to become the parent of primary residence – the place where the child stays in the majority of time.

Many factors must be considered. One is the location of the two parties. If the parties live down the street from each other, the non-custodial parent will have a lot more parenting time. On the other hand, if the parties live several towns apart, that time will be less. If one of the parties lives out-of-state, there will be far less parenting time for the other parent, just because of Geographic’s that don’t lend themselves to joint residential sharing of the children or parenting time.

Shared Residence Arrangements

One of the main concerns of most of my clients who have children includes custodial arrangements, parenting time, and child support. Those things will affect you greatly, financially, and even more emotionally. Clients ask, “How do I protect myself?” or “How do I protect my children?” Obviously, the answers to these questions are determined on a case by case basis. Always tell your attorney about all of your concerns and all of the reasons why you want to have custody or the amount of parenting time that you want, or the amount of child support that will be required. How will child support be determined?

Several different types of custodial arrangements may fit your case. There’s joint residential custody, in which the parties share equal time with the children. That is the rarest form of custodial arrangements and can be done at the two different households. I’ve even seen households where one party stays in the home with the children for a specified period of time, such as three months, four months, or six months, and then the other party moves into the household for an equal amount of time. That way, the children never leave their home, only the parties do. Obviously, that’s a very rare occurrence, but I have seen more than a few occasions where that has occurred.

Moving Your Child to Another State Before Divorce

  • You are unable to move a child out of the state without the other parents agreement, or you have a court order.
  • You could be charged with kidnapping if you do not follow the proper guidelines.


Do you have questions about a child custody case? Read our Child Custody Tips and contact New Jersey Child Custody Lawyer Brian Freeman.