Freehold Child Custody Lawyer
Parents in Freehold who are separating or already in a dispute over their children are making decisions right now that will shape a parenting arrangement for years: whether to negotiate or litigate, what to put in writing, and how to present your household to a judge. Freehold child custody lawyer is the search many of those parents run first, and Sanvenero & Cittadino, LLC is a New Jersey law firm that handles custody, parenting time, support, and the divorce and family issues that surround them for families across Monmouth County, Ocean County, and Middlesex County.
Custody cases from Freehold are heard in the Family Part of the Superior Court at the Monmouth County Courthouse in Freehold, and the legal ground under those cases moved significantly in early 2026. When Governor Murphy signed the amendments to N.J.S.A. 9:2-4 on January 20, 2026, the statute dropped its presumption in favor of “frequent and continuing contact with both parents,” made the safety of the child a threshold question, and expanded the best-interest factors to fifteen. Parents who are relying on what a friend or a relative learned in an earlier custody case are likely working from a rulebook that no longer applies.
What the Amended Custody Statute Changes for Freehold Parents
Under the revised N.J.S.A. 9:2-4, custody and parenting-time decisions must promote the safety of children as a threshold issue. A judge looks at safety before turning to the broader list of best-interest factors, which means that allegations of abuse, domestic violence, or neglect now carry weight at the very start of a case rather than as one factor among many. Where there is a history of domestic violence or child abuse, the statute bars a court from handing the offending parent more custody as a way of repairing the parent-child relationship.
The amendments also changed how courts treat a child who does not want to spend time with a parent. A judge may not simply label that reluctance parental alienation; the court has to investigate the reasons behind it. Courts may no longer order reunification therapy unless there is generally accepted, scientifically valid evidence that it is safe and effective. In contested cases, judges must make detailed findings on the record, and mental health professionals who perform custody evaluations must be state-licensed, with specific training and experience in domestic violence or abuse when those issues are present.
Practically, this raises the value of preparation. A parent who can document the child’s routine, schools, medical care, and day-to-day involvement, and who can explain a parenting plan in terms of the child’s stability and safety, is better positioned than one who arrives with only grievances about the other household. A Freehold child custody attorney can help you decide which facts belong in front of the judge and which will only distract from the child-focused picture the statute now demands.
Why Choose Sanvenero & Cittadino, LLC for Custody and Parenting Time Matters
Sanvenero & Cittadino, LLC is a full-service New Jersey law firm whose practice is centered on divorce and family law, representing parents and spouses throughout Monmouth County, including Freehold, Colts Neck, Holmdel, Middletown, Tinton Falls, Rumson, Red Bank, Long Branch, and Asbury Park, as well as clients in Ocean County and Middlesex County. Managing Partner Richard Sanvenero is a New Jersey Supreme Court Certified Matrimonial Attorney, a designation the Supreme Court grants only to lawyers who meet experience requirements and pass an examination. He previously served as a law clerk in the Family Part of the Superior Court of New Jersey, so he has seen custody disputes from the bench side, and he is trained in mediation, arbitration, and collaborative divorce, which matters when a family would rather resolve a parenting plan out of court.
Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which is useful when custody sits alongside a family business, a property dispute, or an income question. Mike Canarick, Of Counsel, is a tax and estate planning attorney who works with the family law team when a case reaches into trusts, inheritances, or long-term planning for children. Several of the firm’s attorneys have been recognized by Super Lawyers, and the firm’s attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, which helps when one parent is moving out of state.
Custody rarely stands alone. A parenting schedule affects child support, a relocation affects the marital home, and a domestic violence allegation affects everything at once. The firm works as a coordinated team across family, business, real estate, estate planning, and litigation, and clients are kept informed because the team communicates clearly, returns calls, and explains each step in plain terms.
Custody Disputes We Handle for Monmouth County Families
- Initial Custody and Parenting Plans: Parents who are separating, married or not, need a written arrangement covering legal custody (who makes decisions on education, health care, and religion) and a parenting-time schedule. Under the amended N.J.S.A. 9:2-4, a plan built around the child’s safety and stability is the strongest foundation.
- Contested Custody Litigation: When parents cannot agree, the Family Part judge weighs the expanded best-interest factors and must make detailed findings on the record. Cases often turn on school records, medical history, each parent’s work schedule, and credible evidence of who has handled the child’s daily needs.
- Custody Cases Involving Domestic Violence: A temporary restraining order brings a hearing within ten days, and the result can shape custody, housing, and finances. The statute now treats safety as a threshold issue, so these allegations, whether you are raising them or defending against them, carry real weight in the parenting case.
- Parental Alienation and Child Reluctance Claims: Courts can no longer assume that a child’s refusal to see a parent is alienation without investigating the reasons. We help parents on either side present the facts, including evidence from licensed professionals.
- Reunification Therapy Disputes: Judges may no longer order reunification therapy absent generally accepted, scientifically valid evidence that it is safe and effective. This changes how a parent seeking, or resisting, that remedy should frame the request.
- Custody and Parenting Time Modifications: A job change, a relocation, a child’s changing needs, or a parent’s noncompliance can justify returning to court. The Family Part generally looks for a substantial change in circumstances, and the record has to show it.
- Custody Evaluations and Experts: Evaluators must be state-licensed and, where abuse or domestic violence is alleged, specifically trained in those issues. Choosing how to respond to an evaluation, or whether to request one, is a strategic decision.
- Child Support Tied to Parenting Time: Custody and support are linked. Support disputes often turn on income evidence, including self-employment income, bonuses, and commissions, and on who bears child-related expenses.
What to Do When a Custody Dispute Is Coming to the Monmouth County Family Part
Start by deciding what you actually want the parenting arrangement to look like, in concrete terms: school-week and weekend schedules, holidays, summers, transportation, and decision-making authority. Judges respond to specific, child-focused proposals. Gather the records that show your involvement, including school and pediatric records, activity schedules, communications with the other parent about the children, and your own work schedule. Keep communications with the other parent civil and in writing where possible, because those messages routinely become exhibits.
If there is any safety concern, act on it first. A parent who believes a child or the parent is in danger can seek a temporary restraining order, and the order sets a hearing within ten days. A final restraining order, if granted, does not expire, and the burden at that hearing is a preponderance of the evidence. A restraining order also requires surrender of firearms and revokes a Firearms Purchaser Identification Card, so a parent defending against an allegation needs counsel immediately, not after the hearing. Survivors may also be eligible for help with medical care, counseling, lost wages, and relocation through the Victims of Crime Compensation Office; the crime generally must be reported to police within nine months and the claim filed within five years, and eligibility does not depend on the offender being convicted.
Custody and parenting-time disputes from Freehold are filed in the Family Part at the Monmouth County Courthouse in Freehold. Parents commonly go through early case management and settlement efforts before any trial, and mediation is often part of the process. Common mistakes include disparaging the other parent to the child, withholding parenting time without a court order, posting about the dispute on social media, and agreeing to a temporary arrangement that later hardens into the status quo. Speak with a Freehold family law attorney before signing any interim agreement.
Frequently Asked Questions About Child Custody in Freehold
How does New Jersey decide custody?
Courts decide custody based on the best interests of the child. Under the amended N.J.S.A. 9:2-4, the child’s safety is a threshold issue, and the court then considers an expanded set of fifteen best-interest factors. The old presumption favoring frequent and continuing contact with both parents was eliminated.
What is the difference between legal custody and physical custody?
Legal custody concerns who makes major decisions about the child, such as education, health care, and religion. Physical custody concerns where the child lives and the parenting-time schedule. Parents can share one without sharing the other, and a parenting plan should address both clearly.
Where are Freehold custody cases heard?
They are heard in the Family Part of the Superior Court, Monmouth Vicinage, at the Monmouth County Courthouse in Freehold. The same court handles divorce, support, paternity, and domestic violence matters for Monmouth County families.
Do unmarried parents have to go through the same process?
Custody and parenting time are decided under the same best-interest framework whether or not the parents were married. Unmarried parents typically also need to resolve paternity and child support alongside the parenting plan.
Will a judge talk to my child?
The amended statute gives children’s preferences more weight. Judges may take a child’s views into account in appropriate cases, though how that happens depends on the child’s age and maturity and the circumstances of the dispute.
Can a domestic violence allegation change my custody case?
Yes. Safety is now the threshold inquiry, and where there is a history of domestic violence or child abuse, the offending parent cannot be given increased custody in order to improve the relationship. A restraining order hearing, with its ten-day timeline for a temporary order, can influence the custody case from the start.
My child doesn’t want to see the other parent. Is that parental alienation?
Not automatically. Courts may no longer presume a child’s reluctance is alienation without investigating the underlying reasons. Whether the reason is safety, fear, conflict, or influence by a parent, the court has to examine the facts.
Can a court order my child into reunification therapy?
Only if there is generally accepted, scientifically valid evidence that the therapy is safe and effective. This is a significant limit compared with how some courts used it in the past.
Can I move out of Monmouth County with my child?
Relocation affects parenting time and often requires the other parent’s agreement or a court order. Because it can fundamentally change the schedule, talk to a lawyer before you make any plans or tell the child.
How long does a custody case take in Monmouth County?
It depends on whether the parents reach agreement. Negotiated or mediated plans can be finalized relatively quickly, while contested cases involving evaluations, expert witnesses, and a trial take considerably longer. Safety-related emergencies can be heard faster.
Is it worth hiring a lawyer if we mostly agree?
Often, yes. A written agreement needs to be specific and enforceable, and vague terms about holidays, travel, or decision-making are a common source of later litigation. A lawyer can draft the plan so that it holds up when circumstances change.
What if the other parent stops paying child support or ignores the parenting schedule?
The court can enforce its orders through motions. Child support generally ends by operation of law when a child marries, dies, enters military service, or reaches 19, unless a court order or agreement provides otherwise, so the terms of your judgment matter.
Serving Custody Clients Across Freehold and Monmouth County
Our work for parents begins in Freehold, where the Monmouth County Courthouse and the Family Part sit, and extends across the surrounding communities of Monmouth County. We represent families in Freehold, Colts Neck, Holmdel, Middletown, Tinton Falls, Shrewsbury, Red Bank, Rumson, Long Branch, and Asbury Park, and clients from throughout the county whose cases are heard in the same Family Part. The firm also serves families in Ocean County, including Toms River, and throughout Middlesex County, as well as clients across the state of New Jersey. Whether the dispute is a first parenting plan, a contested custody trial, or a modification years after a judgment, the firm brings the same family law focus to each case.
Speak With a Freehold Child Custody Attorney Today
A parenting arrangement is one of the few legal outcomes that follows a family for a decade or more, and the new custody statute has changed what judges look for. If you are weighing your options, a conversation with a Freehold child custody attorney at Sanvenero & Cittadino, LLC can clarify where you stand, what the court will examine, and what to do next. Call the firm to schedule a consultation.