Family Law Questions? Ask a Family Lawyer Online.
Thank you for entrusting me with your question. To rephrase, the question is how to initiate the process to get a custody order in New Jersey, and if mediation is an alternative to going through the court. I will start by saying that you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel.
That said, this forms packet is designed for unmarried parents seeking child custody: http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf
Mediation is always possible in lieu of a contentious court case. The parties can mediate before or after starting a court case. However, any mediated agreement must be ordered by the court to be enforceable. So, if the parties want their mediated agreement to be enforceable, they would need to file for child custody anyway and just ask the court to adopt the agreement as an order.
Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where I cannot solve every problem in a case, my hope is that you can at least feel confident in your knowledge of your rights so you can get the best legal outcome under the circumstances, whatever that outcome may be. Please remember to click accept once you are finished. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).