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DecisionsSole custody award upheld, no attorney for child required

July 1, 2020

The case is Matter of Deserie D.G. v Jonathan C. and the court there upheld the well-known tenets that custody matters are decided within the sound discretion of the trial court – those findings are accorded great deference as the judge is in the best position to evaluate parties’ testimony, character, and sincerity. Those determinations therefore, are undisturbed unless they lack a sound and substantial basis in the record.

Further, whether to grant or deny an application to appoint an attorney for a young child was within the court’s discretion. Attorneys for children are not a requirement in custody cases where the absence of one would not prejudice the child’s rights. This is why, practically speaking, children more than a few years old are typically are assigned counsel but younger children are not.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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