Long Branch Child Custody Lawyer

Sanvenero & Cittadino, LLC represents mothers, fathers, and grandparents in Long Branch and across Monmouth, Ocean, and Middlesex Counties who are working out where their children will live and how parenting time will be shared. The firm centers its practice on divorce and family law, and a Long Branch child custody lawyer from our team handles everything from a first parenting plan to a contested trial in the Family Part.

The ground under custody cases in New Jersey moved recently. Kayden’s Law, signed in January 2026, rewrote the custody statute at N.J.S.A. 9:2-4. The old presumption favoring frequent and continuing contact with both parents is gone. Child safety is now the threshold question a judge must answer before anything else, and the list of best-interest factors grew to 15.

That shift matters for anyone with an open case or a plan to file. Arguments that worked a year ago may now land differently, and the evidence a judge wants to see has changed with them.

What Kayden’s Law Changed for Parents in Custody Disputes

Under the revised statute, custody and parenting-time decisions must promote the safety of children as a threshold issue. A judge looks at safety first, then moves into the broader best-interest analysis. For parents with a history of domestic violence or child abuse in the picture, the statute also bars awarding an offending parent more custody as a way of repairing the parent-child relationship.

Two other changes deserve attention. Courts may no longer order reunification therapy unless there is generally accepted, scientifically valid evidence that it is safe and effective. And a judge may not simply assume that a child who resists seeing one parent is the victim of parental alienation; the court has to investigate the reasons behind the reluctance.

The law also tightens how contested cases are decided. Judges must make detailed findings on the record, and mental health professionals who evaluate families must be state-licensed, with specific training and experience in domestic violence or abuse where those issues are present. A Long Branch child custody attorney who knows these requirements can challenge a weak evaluation or build a stronger record from the start.

Why Choose Sanvenero & Cittadino, LLC for Custody Cases

Sanvenero & Cittadino, LLC is a full-service firm whose practice is built around divorce and family law, serving individuals and families throughout Monmouth County, including Long Branch, Asbury Park, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, and Freehold, as well as Ocean and Middlesex Counties. Clients can expect plain-language explanations at every step, and calls get returned.

Richard Sanvenero, the firm’s Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney. 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. That range matters because many custody cases are best resolved by agreement, while others can only be resolved by a judge.

Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions. That depth helps when custody overlaps with other parts of a family’s life, such as a parent who owns a business with unpredictable hours or a household that holds real estate. Mike Canarick, Of Counsel, is a tax and estate planning attorney, and the firm’s coordinated team across family, business, real estate, estate planning, and litigation means these issues are handled together. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.

Custody Issues We Handle for Long Branch Parents

• Legal and Physical Custody: Legal custody covers major decisions about education, health care, and religion; physical custody covers where the child lives. Courts can award each type jointly or to one parent, and the new safety-first framework shapes both.
• Parenting Time Schedules: Shore-area work can mean seasonal hours, hospitality shifts, and commutes along Route 36 and the rail lines, all of which complicate fixed schedules. We build plans around real work patterns rather than generic calendars.
• Custody Cases Involving Domestic Violence: A restraining order hearing can decide custody in practice before a custody hearing ever happens. We represent both parents seeking protection and parents defending against allegations.
• Relocation and Out-of-State Moves: A parent who wants to move a child far from the other parent needs court approval or an agreement. These disputes turn on the child’s stability and the other parent’s ongoing relationship.
• Modification of Existing Orders: A custody or parenting-time order can be revisited when circumstances change substantially, including after a job change, a move, or a safety concern that did not exist before.
• Enforcement of Parenting Time: When a parent withholds the child or ignores the schedule, we file enforcement motions and document the pattern for the court.
• Custody Within High Net Worth Divorces: Where families hold businesses or significant assets, we coordinate custody strategy with the financial side so one does not undercut the other.
• Unmarried Parents: Custody and parenting time are decided under the same best-interest framework whether or not the parents ever married.

What to Do Now if Your Custody Situation Is Unsettled

Start by writing down the actual schedule your child lives by: who handles school drop-off, medical appointments, activities, and bedtime. Judges care about who has been doing the daily work of parenting, and a calendar kept in real time is more persuasive than recollection months later. Keep copies of texts and emails with the other parent, and keep your tone civil in all of them, because the court may read every word.

If safety is a concern, act on it directly. A temporary restraining order includes a hearing date within ten days, and a final restraining order, if granted, does not expire. The burden at a final hearing is a preponderance of the evidence. Because safety is now the first question in custody, what happens at that hearing can shape the entire case. Do not violate any order, even by agreement with the other parent; contact can be prosecuted as contempt.

Custody cases for Long Branch families are heard in the Family Part of the Monmouth County Superior Court at the Monmouth County Courthouse in Freehold. Filings, hearings, and mediation sessions run through that court, so build your schedule around travel to Freehold and expect delays when dockets are full.

Avoid the common mistakes: moving a child out of the home without a plan, withholding parenting time as leverage, posting about the dispute on social media, or agreeing to a schedule you cannot realistically keep. Gather pay records, school and medical records, and any messages that show how each parent has handled the child’s needs, then call us before you sign anything or file anything.

How Judges Decide Custody After the 2026 Amendments

The court begins with safety, then weighs the expanded best-interest factors. Those factors look at each parent’s ability to meet the child’s needs, the stability of each home, the history of caregiving, and the child’s own preferences, which now carry more weight depending on the child’s age and maturity. The statute no longer starts from an assumption that equal time with each parent is automatically best.

In practice, that means a well-prepared parenting plan matters more than ever. A plan that is specific about schedules, holidays, transportation, school decisions, and communication gives a judge something concrete to approve. A vague plan invites the court to fill in the gaps, and not always in the way a parent hopes.

When parents cannot agree, the court may order a custody evaluation. Because the amended statute requires evaluators to be state-licensed and, where abuse is alleged, specifically trained, we review the evaluator’s qualifications and methods early. Findings must be stated on the record, which gives us a clearer basis for any appeal or later modification.

Custody Questions Long Branch Parents Ask

How is custody decided in New Jersey?

Judges decide custody based on the best interests of the child, and since the 2026 amendments, child safety is the threshold inquiry before the broader factors are weighed. The court can award legal and physical custody jointly or to one parent.

Does New Jersey still presume both parents should have equal time?

No. Kayden’s Law removed the presumption favoring frequent and continuing contact with both parents. Both parents can still share substantial time, but the court no longer starts from that assumption.

What is the difference between legal and physical custody?

Legal custody is the authority to make major decisions about a child’s education, health care, and upbringing. Physical custody is about where the child lives day to day. Parents can share one and not the other.

Can my child choose which parent to live with?

A child’s preferences now carry more weight than before, depending on the child’s age and maturity, but the child does not make the decision. The judge weighs the preference alongside every other factor.

Do unmarried parents have the same custody rights?

Custody and parenting time for unmarried parents are decided under the same best-interest standard. Establishing parentage may come first, and then the court sets a schedule.

Can a judge order my child into reunification therapy?

Only if there is generally accepted, scientifically valid evidence that the therapy is safe and effective. The amended statute sharply limits these orders, which used to be common in high-conflict cases.

What if the other parent says I am alienating my child?

The court may not assume that a child’s reluctance to see a parent is alienation. It must investigate the reasons behind it, which can include fear or a history of harm. Documentation of what actually happened matters a great deal.

How does a restraining order affect my custody case?

A temporary restraining order can restrict contact and shape interim parenting time while the final hearing is pending. Where there is a history of domestic violence or abuse, the statute bars rewarding the offending parent with more custody to repair the relationship.

How long does a contested custody case take in Monmouth County?

There is no fixed timeline. Cases that settle through negotiation or mediation move much faster than those that need evaluations and trial, and a crowded docket can add months. Early preparation shortens the process.

Can I change a custody order later?

Yes, if circumstances have changed substantially, such as a relocation, a change in work, or a new safety concern. You will need documentation showing what changed and why the existing order no longer fits the child’s needs.

Is it worth hiring a lawyer for an agreed custody arrangement?

Often yes. An agreement that is vague or one-sided can cause serious problems later, and a court-approved parenting plan is enforceable. Having a lawyer review or draft it helps make sure it holds up.

Serving Custody Clients From Long Branch Through Monmouth, Ocean, and Middlesex Counties

From the Long Branch neighborhoods near the oceanfront and the downtown corridor, our team represents parents across Monmouth County. We also serve families in neighboring Asbury Park, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Shrewsbury, and Freehold.

Our custody work extends into Ocean County, including Toms River, and throughout Middlesex County, along with clients elsewhere in New Jersey. Whether the case is heard in Freehold, Toms River, or New Brunswick, we handle the parenting plans, evaluations, restraining order issues, and post-judgment changes that come with a family in transition.

Talk With a Long Branch Child Custody Attorney

The custody law that applies to your family is not the one that applied two years ago. If you are starting a case, responding to one, or trying to change an order that no longer works, a Long Branch child custody attorney at Sanvenero & Cittadino, LLC can explain where you stand under the new statute and what the court will want to see. Call to schedule a consultation and start building a parenting plan that fits your child’s life.