Monmouth County Child Custody Lawyer

Protecting Parental Rights & Children’s Best Interests

Navigating child custody matters can be one of the most challenging and emotionally difficult aspects of family law. 

At Rozin | Golinder Law, we understand the complexities of custody cases and guide clients through every step of the process. Your children are our first priority. We help parents develop parenting plans, resolve disputes through negotiation or litigation, and pursue arrangements that reflect what’s best for their children — while protecting their role in their child’s life. Our experienced attorneys are well-versed in New Jersey's child custody laws and have extensive experience representing clients in Monmouth County Superior Court’ -Family Division in Freehold.

Whether you’re a parent with a pending divorce or have a stand-alone custody case, our award-winning team can help. We serve clients across Central New Jersey from our office in Red Bank and offer personalized consultations. Call or contact us online to request yours.

Understanding Child Custody in New Jersey

Child custody in New Jersey refers to the rights and responsibilities each parent has regarding their child’s care, decision-making, and physical time together. Custody arrangements are divided into two distinct categories:

• Legal Custody: The right to make major decisions affecting the child’s welfare, such as education, healthcare, and religion.
• Physical Custody: The determination of where the child lives on a day-to-day basis and which parent provides primary care.

Custody can be joint (shared by both parents) or sole (granted entirely to one parent), and different combinations are possible. For example, parents may share legal custody while one parent retains primary physical custody, with the other receiving parenting time.

New Jersey Courts — including those in Monmouth County — generally favor arrangements that allow both parents to remain actively involved in their children’s lives. Judges recognize the importance of stability and continuity for children and are often willing to approve mutually agreed-upon parenting plans, so long as they meet the child’s best interests. However, when parents cannot agree or when safety or fairness is a concern, the Court will make the final determination and may order professionals to conduct an evaluation in order to help assess what is best.

The Best Interests Standard in Custody Cases

In every custody case, New Jersey Courts apply the “best interests of the child” standard. This means Judges do not automatically favor one parent over the other — instead, they weigh several factors to determine what arrangement will best serve the child’s overall well-being.

Some of the key factors Monmouth County Judges consider include:

• Each parent’s ability to communicate and cooperate with the other
• The relationship between the child and each parent
• Any history of domestic violence or abuse
• The stability of each parent’s home environment
• The parents’ work schedules and availability
• The child’s needs, preferences (if old enough), and current school/community ties

Judges may also consider how the proposed plan affects the child’s day-to-day routine, including access to school, healthcare, and extended family.

Parenting Time & Related Considerations

In New Jersey, the term “visitation” has largely been replaced with parenting time, which refers to the schedule that governs when the child is with each parent. Parenting time can be highly flexible — ranging from equal time-sharing arrangements to more traditional schedules — and may be customized to reflect the family’s circumstances.

Key issues parents should consider when developing or disputing parenting plans include:

• Geography and Relocation Concerns. Monmouth County’s size and proximity to state borders can affect parenting plans. If one parent wants to relocate to another town or state, even modest distance can disrupt school attendance and daily routines. Any significant move — especially out of state — typically requires consent from the other parent or approval from the Court.
• Child Support and Financial Responsibilities. Parenting time directly affects financial support obligations. Under New Jersey’s child support guidelines, support is calculated based on each parent’s income and the number of overnight stays. The parent with less parenting time may pay support to the primary custodial parent. Courts in Monmouth County follow the state guidelines but may deviate in special circumstances.
• Parenting Time Schedules. While there is no single “standard” schedule, Monmouth County Courts often look favorably on arrangements that provide meaningful time with both parents, assuming there are no safety concerns. This may include equal time, alternating weekends, mid-week dinners, extended summer visitation, and shared holidays.
• Modifications to Parenting Plans. Life circumstances change, and parenting plans may need to be updated. Whether due to job relocation, changes in the child’s needs, or a parent’s non-compliance, we help clients seek modifications that reflect their current realities while protecting the child’s best interests.

Custody Modifications in Monmouth County

Custody arrangements are not necessarily permanent. If a substantial change in circumstances occurs, either parent may petition the Monmouth County Superior Court to modify an existing custody or parenting time order.

Common reasons for seeking a custody modification include:

• A change in a parent’s work schedule or residence
• Concerns about a child’s safety or well-being in one parent’s care
• One parent repeatedly violating the custody or parenting time agreement
• The child’s needs evolving due to age, education, or health
• Parental relocation or remarriage

To initiate a modification, the requesting parent must file a motion with the Family Division and show that the change is significant and impacts the child’s welfare. Our firm helps clients prepare strong, well-supported motions and represents them at every step of the legal process — including mediation or Court hearings.

Monmouth County Child Custody FAQ

Can Custody Agreements Be Settled Outside Monmouth County Court?

Yes. If both parents agree on a custody arrangement, it can be documented in a parenting plan and submitted to the Court. Judges will make the plan an enforceable Court Order, in turn avoiding litigation.

When Do Monmouth County Judges Consider a Child's Living Preferences?

Judges may consider a child’s preferences if the child is mature enough to form an intelligent opinion (although every Judge is different). The child may be interviewed in private with the Judge, without parents present.

How Do Domestic Violence Claims Affect Custody in Monmouth County?

If there is a documented history of domestic violence, the Court will weigh that heavily in custody determinations. Judges prioritize the child’s safety and may limit or restrict parenting time for a parent with a history of abuse.

Where Can I Report Suspected Child Abuse in Monmouth County?

Child abuse or neglect should be reported to the New Jersey Department of Children and Families (DCF) at 1-877-NJ-ABUSE. If a child is in immediate danger, call 911. Allegations of abuse may also be brought to the Court’s attention during custody proceedings and may trigger an evaluation by DCP&P.

How Does Shared Custody Impact Taxes for Monmouth County Parents?

In shared custody arrangements, only one parent may claim the child as a dependent on their taxes — typically the parents with alternate taking the deduction unless otherwise agreed. Tax issues can and should be addressed in your divorce or custody settlement.

Call to Request a Consultation:

Custody matters can shape your child’s future and your role in their life — which is why it’s critical to have the right legal guidance from the start. At Rozin | Golinder Law, we help parents throughout Monmouth County protect what matters most. Whether you're negotiating a parenting plan, seeking a modification, or preparing for Court, our team is here to provide the clarity, strategy, and support you need.

Speak with a Monmouth County child custody attorney about your rights and the best path forward for your family. Call or contact us online to request a confidential consultation.