Custody and Parenting Time in Bergen County, NJ
Focused on Your Children. Always.
If you are looking for a Bergen County child custody lawyer who will advocate for your relationship with your children, AMG Law, LLC is here to help. Ana Milena Goncalves, Esq. brings civil litigation experience, family law knowledge, and a background in psychology and sociology to help clients in Bergen and Passaic counties navigate custody and parenting time matters with clarity and confidence.
When parents cannot agree on custody and parenting time, New Jersey courts focus on one thing above all else: the best interests of the child.
Whether you are going through a divorce, a separation, or a modification of an existing order, AMG Law, LLC is here to provide clear answers, honest guidance, and representation that puts your children first.
What Is the Difference Between Legal and Physical Custody?
New Jersey distinguishes between two types of custody. Legal custody refers to the authority to make major decisions about your child’s life, including education, healthcare, and religious upbringing. Physical custody refers to where your child primarily lives.
In most cases New Jersey courts favor joint legal custody, meaning both parents share decision-making authority. Physical custody arrangements vary depending on the specific circumstances of each family.
Understanding the difference between these two types of custody is essential. A Bergen County child custody lawyer can help you evaluate which arrangement makes sense for your family.
How Does New Jersey Determine Custody?
New Jersey courts determine custody based on the best interests of the child standard under N.J.S.A. 9:2-4. The court considers the physical and emotional safety and wellbeing of the child, along with a range of other factors including the parents’ ability to communicate and cooperate, the child’s relationship with each parent, the stability of each home environment, the child’s needs and preferences depending on age, each parent’s employment responsibilities, and the proximity of each parent’s home to the child’s school and community.
No single factor is determinative. The court looks at the full picture of each family’s circumstances. Child support and custody are often decided together in New Jersey. Learn more about how child support is calculated in New Jersey.
Not sure how these factors apply to your situation? That is exactly the conversation to have with your Bergen County child custody lawyer before making any decisions.
What Is Parenting Time?
Parenting time, formerly referred to as visitation, is the scheduled time a non-custodial parent spends with their child. Under New Jersey law, the court determines parenting time on a case-by-case basis, guided by the best interests of the child and taking into account the safety and wellbeing of the child.
Parenting time schedules can be flexible or fixed depending on the family’s needs. They typically address regular weekly schedules, alternating weekends, holidays, school breaks, and vacations. When parents cannot agree on a schedule the court will establish one based on the best interests of the child. If a co-parent is interfering with court-ordered parenting time, I can help. Learn more about enforcement of court orders in Bergen County.
It is important to note that verbal agreements between parents about parenting time are not enforceable in court. Any changes to a parenting time schedule should be documented and, where possible, formalized through a court order.
What Is a Parenting Plan?
A parenting plan is a detailed written agreement that sets out how parents will share time and responsibilities for their children. It covers day to day schedules, holiday and vacation time, school arrangements, communication between parents, and procedures for resolving future disagreements.
A well-crafted parenting plan is one of the most important documents that will come out of your custody matter. With her background in psychology and sociology, Ana Milena Goncalves, Esq. understands that these decisions go far beyond legal paperwork. They shape your child’s daily life and emotional wellbeing for years to come.
AMG Law, LLC works closely with clients to develop parenting plans that are practical, detailed, and focused on the child’s best interests.
Can Custody and Parenting Time Be Modified?
Yes. Custody and parenting time orders are not permanent. Either parent can seek a modification if there has been a substantial change in circumstances since the original order was entered.
Common reasons for modification include a parent relocating, a significant change in a child’s needs, a change in a parent’s work schedule, or concerns about the child’s safety or wellbeing in the current arrangement.
AMG Law, LLC serves as your Bergen County child custody lawyer for both initial custody determinations and post-judgment modifications throughout Bergen and Passaic counties.
What Is a Parenting Coordinator?
In high conflict custody cases Bergen County and Passaic County Superior Courts may appoint a parenting coordinator. A parenting coordinator is a neutral third party, typically a mental health professional or attorney, who helps parents resolve day to day disputes about their parenting plan without returning to court every time a disagreement arises. The use of parenting coordinators in New Jersey is governed by Court Rule 1:40-5.
If your case involves a parenting coordinator Ana Milena Goncalves, Esq. can help you understand the process and protect your rights throughout.
Father’s Rights in Bergen County
New Jersey law does not favor either parent based on gender. Fathers have the same legal rights as mothers when it comes to custody and parenting time. However, fathers sometimes face an uphill battle in practice, particularly in high-conflict cases or when the other parent attempts to limit contact.
As a Bergen County child custody lawyer, Ana Milena Goncalves, Esq. represents fathers throughout Bergen and Passaic counties who are working to protect their relationship with their children. Whether you are establishing custody for the first time or seeking to enforce or modify an existing order, AMG Law, LLC is here to advocate for your rights.
Relocation: When a Parent Wants to Move
If a custodial parent wishes to relocate out of New Jersey with a child, they must either obtain the other parent’s consent or seek court approval. Relocation cases are among the most complex and contested matters in family law.
The court applies the factors set forth in Bisbing v. Bisbing, 230 N.J. 309 (2017), which requires the relocating parent to demonstrate that the move is in the child’s best interests. AMG Law, LLC handles relocation matters for both the parent seeking to move and the parent opposing relocation throughout Bergen and Passaic counties.
Relocation disputes can arise even when a parent moves within New Jersey. If a proposed move would significantly affect the existing parenting time arrangement, court involvement may be required regardless of whether the move crosses state lines.
Unmarried Parents and Custody
Custody rights for unmarried parents in New Jersey are the same as for married parents once paternity is established. However, until a court order is in place, the legal landscape can be uncertain. AMG Law, LLC, your Bergen County child custody lawyer, helps unmarried parents establish custody and parenting time arrangements that protect their rights and their child’s stability.
Have Questions About Custody or Parenting Time?
Every family situation is different. Ana Milena Goncalves, Esq. takes the time to understand your specific circumstances before giving any advice. Contact AMG Law, LLC to schedule your consultation, virtual or in person.
Why Choose AMG Law, LLC as Your Bergen County Child Custody Lawyer
Custody and parenting time disputes are rarely just legal matters. They are deeply personal, and the decisions made now will shape your child’s life for years to come.
At AMG Law, LLC clients receive dedicated, personalized attention from start to finish. Ana Milena Goncalves, Esq. brings a foundation in civil litigation, focused family law practice, and a background in psychology and sociology to every custody case she handles. She understands both the legal and human dimensions of these disputes and treats every client and every child accordingly.
Se habla español. AMG Law, LLC provides bilingual custody representation throughout Bergen County including Paramus, Hackensack, Fort Lee, and Englewood, and throughout Passaic County including Paterson and Clifton.
Ready to Take the First Step?
Finding the right Bergen County child custody lawyer does not have to be overwhelming. The right guidance can make all the difference. Contact AMG Law, LLC to schedule your consultation, virtual or in person, and learn how Ana Milena Goncalves, Esq. can help protect your family.
or call 201-474-5454