Domestic Violence and Child Custody in New Jersey
Domestic violence child custody issues frequently arise in the practice of family law in New Jersey, and an attorney will provide you with helpful and effective tools to address the contentious issue. Domestic violence and child custody issues often intersect where one party has a restraining order entered against them, and the restraining order includes the parties’ child or children. Where a Temporary Restraining Order (TRO) has been entered, the Family Court must—within two weeks—schedule a final hearing to determine whether the TRO will be converted to a Final Restraining Order (FRO). The entry of an FRO against a party can have long-term implications such as restricting travel and becoming a part of someone’s permanent record.
How Does Joint Custody Affect Child Support and Visitation?
When a domestic violence restraining order is entered, it can suspend one party’s parenting time, and this parenting time suspension can linger if the final hearing is delayed. With the COVID-19 pandemic, the Family Courts in New Jersey are backlogged with cases, prolonging the resolution of most, if not all, final restraining order hearings. As one party waits for a final hearing, it is possible to seek an amendment to the TRO that allows for the resumption of parenting time.
Even where parties previously agreed to share joint legal custody of their child (or children), entry of a TRO can suspend joint legal custody in addition to parenting time. If the other party will not consent to modify the TRO to permit parenting time, a New Jersey divorce attorney can provide you with the help necessary to have your parenting time reinstated by petitioning the court.
How to Obtain Custody of a Child
Domestic violence child custody issues can always be settled prior to a final hearing if the parties, with the assistance of a New Jersey family lawyer, agree to a civil restraints consent agreement that dismisses the TRO with new provisions. This agreement is signed off on by Family Court Judges, and has the authority of a court order. If domestic violence incidents result in child custody changes as part of an FRO after a final hearing, your New Jersey family attorney can file an application with the Family Court to modify the terms of the FRO.
This request seeks to resume parenting time, often on a limited basis, while keeping intact the restraining order between the parties. The FRO does not have to impact one parent’s long-term parenting time with the child(ren), and our office will guide you through the process to safeguard your parenting time.
COVID-19 and Divorce
The unanticipated spread of the COVID-19 virus has led to further issues involving domestic violence child custody, and in many instances highlighted the importance of protecting parenting time. New Jersey Family Courts remain open for child custody modification applications, including, but not limited to, the modification of pending TRO’s and FRO’s where one parent has had their parenting time suspended indefinitely. Clients should not permit their parenting time to be suspended indefinitely without consulting family law experts at our office for crucial guidance.
For more information on domestic violence and child custody in New Jersey contact Siegel Divorce Law.
