Custody Lawyers – New York And New Jersey
Nothing is more important to a parent than their child. If you are getting a divorce or becoming involved in a custody/parenting time dispute, protect your parental rights by retaining an experienced family law attorney at DiLorenzo & Rush. Our attorneys handle all aspects of child custody, including:
- Divorce
- Modifications of child custody
- Paternity
- Violations of parental custody and visitation rights
- Relocation disputes
To contact a family law attorney at our firm, contact our law offices in New York at 718-537-9885 or in New Jersey at 201-212-4027.
Resolving Child Custody Disputes
Most child custody disputes can be resolved by mutual agreement. Our attorneys always encourage parents to put the needs of children first in a divorce or custody/parenting time dispute. However, we understand that parents with the best of intentions can have honest disputes about what constitutes the best interests of a child.
To fully protect our clients’ parental rights, we prepare for the possibility of trial in each case. We take time to understand the family dynamics that are relevant to a determination of child custody and we work diligently to seek the best possible result for each client we represent.
Experience Matters
If your parental rights are on the line, the attorney you choose is important. Our Hackensack attorneys have more than 40 years of combined legal experience in New York and New Jersey family law. We thrive in the arena of contested legal matters and have a proven record of results – in and out of the courtroom.
Are Legal Custody And Parenting Time The Same?
Legally, custody has two separate parts:
- Legal custody: The authority to make major decisions about a child’s education, medical care, religion and general welfare.
- Physical custody (also called parenting time or residential custody): Concerns where the child lives and how time is divided between parents.
Sole legal custody allows one parent to make major decisions without the other parent’s agreement, although an order may still require notice. Joint legal custody means both parents share decision-making authority. It usually works best when parents can communicate and keep decisions child-focused.
Physical custody can also vary. One parent may have primary residential custody while the other has scheduled parenting time. In other cases, parents may share substantial time, even if the schedule is not equal.
How Courts Apply The Child’s Best Interests Standard
The best interests of the child standard controls custody decisions in both New York and New Jersey. Judges do not decide custody based on what is easiest for either parent. They focus on safety, stability and welfare.
Common factors include:
- Each parent’s ability to provide a safe home
- The child’s bond with each parent
- Each parent’s caregiving history and daily involvement
- Any history of domestic violence, abuse, neglect or substance misuse
- The child’s educational, medical and emotional needs
- The child’s preference, depending on age and maturity
No single factor controls every case. Courts look at the full picture, which is why organized evidence and legal guidance matter in contested custody disputes.
How New York And New Jersey Custody Rules Differ
New York and New Jersey both use the best interests standard, but their procedures and legal emphasis are not identical. In New York, custody cases may proceed in Family Court or in the Supreme Court during divorce. A Bronx Family Court case may involve different local scheduling, mediation expectations and courtroom procedures than a case in Bergen County.
On the other hand, New Jersey custody cases are handled in the Family Part of the Superior Court. New Jersey has historically supported arrangements that allow children meaningful relationships with both parents when appropriate.
However, 2026 updates to New Jersey custody law place a stronger emphasis on child safety, clearer judicial findings and the child’s experiences or preferences in appropriate cases. Parents should not assume joint custody is automatic. The court must still decide whether the proposed arrangement serves the child’s best interests.
Contact A Bergen County Custody Modification Attorney
We have helped many clients protect their financial and parental rights in divorce, paternity, modification proceedings and home relocation disputes. Contact our New York or New Jersey law offices to see how we can help you. Call 201-212-4027 (Hackensack) or 718-537-9885 (Bronx).