How to Obtain Custody of Your Child in Passaic County, New Jersey

Note: This article is intended for informational purposes only and does not constitute legal advice. Laws and procedures may change over time. Anyone facing child custody matters should consult with a qualified family law attorney for guidance specific to their situation.

Introduction

Child custody matters are among the most emotionally challenging aspects of family law. When your child expresses a desire to live with you, it can be both heartwarming and complicated, especially if you’re not the parent with primary custody. In New Jersey, particularly in Passaic County, there are specific legal processes and considerations involved in modifying existing custody arrangements or establishing new ones.

This article outlines the steps involved in seeking custody of your child in Passaic County, New Jersey, with special consideration given to cases where the child has expressed a preference to live with you. We’ll explore the legal framework, preparation strategies, and practical steps to navigate this complex process.

Understanding Child Custody in New Jersey

Before discussing the process of obtaining custody, it’s important to understand how New Jersey views custody arrangements:

Types of Custody

Legal Custody: This refers to the right to make important decisions about your child’s upbringing, including education, healthcare, and religious instruction. Legal custody can be:

  • Joint Legal Custody: Both parents share decision-making authority
  • Sole Legal Custody: One parent has exclusive decision-making authority

Physical Custody: This determines where the child primarily lives. Physical custody can be:

  • Joint Physical Custody: The child spends significant time living with both parents
  • Primary Physical Custody: The child lives primarily with one parent while the other has parenting time (visitation)

Best Interests Standard

New Jersey courts determine custody based on the “best interests of the child” standard. This is the guiding principle in all custody decisions. The court considers numerous factors, including:

  1. The parents’ ability to communicate and cooperate in matters relating to the child
  2. The parents’ willingness to accept custody
  3. Any history of domestic violence
  4. The child’s needs and the stability of each home environment
  5. The quality of education available to the child in each potential living arrangement
  6. The parents’ employment responsibilities
  7. The age and number of children involved
  8. The geographical proximity of the parents’ homes
  9. The child’s preference, if the court deems the child mature enough to express an informed opinion
  10. The parents’ ability to provide a stable home environment

When a Child Expresses a Preference

When your child says they want to live with you, it’s a significant factor, but not automatically decisive. The weight given to a child’s preference depends on:

  1. The child’s age and maturity: Courts generally give more weight to older children’s preferences, particularly teenagers. There’s no specific age cutoff in New Jersey law, but judges typically consider the opinions of children aged 12 and older more seriously.
  2. The reason for the preference: Courts distinguish between preferences based on substantial reasons (school opportunities, closer relationships with extended family, etc.) versus superficial reasons (fewer rules, more lenient parenting, etc.).
  3. Consistency of preference: Has the child maintained this preference over time, or is it a reaction to a recent conflict or discipline?
  4. Parental influence: The court will consider whether the child’s preference has been unduly influenced by either parent.

Steps to Seek Custody in Passaic County

1. Consultation with a Family Law Attorney

Start by consulting with a family law attorney who practices in Passaic County. An experienced local attorney will be familiar with the local courts, judges, and procedural nuances specific to Passaic County Family Court.

The Passaic County Bar Association (973-345-4585) can provide referrals to qualified family law attorneys in the area.

2. Assess Your Current Custody Situation

Your approach will depend on your current legal relationship:

  • If you have an existing custody order: You’ll need to file a motion to modify custody
  • If you’re in the process of divorce: Custody will be determined as part of your divorce proceedings
  • If there’s no formal custody arrangement: You’ll need to file for custody

3. Document Your Child’s Preference

While it’s important not to coach your child or put pressure on them, document instances when they’ve expressed their preference. Note:

  • When and how frequently they’ve expressed the desire to live with you
  • The specific reasons they’ve given
  • Any changes in circumstances that might be prompting this desire

4. Gather Evidence Supporting Your Case

Compile evidence demonstrating why living with you would be in your child’s best interests:

  • Records showing your involvement in your child’s education, healthcare, and activities
  • Evidence of stable housing and living conditions
  • Employment information indicating your ability to provide for your child
  • Character references from teachers, neighbors, or others familiar with your parenting
  • Documentation of your parenting time and adherence to existing arrangements
  • Evidence of any concerns about the current living situation (if applicable)

5. Filing the Appropriate Legal Documents

For custody modification in Passaic County, you’ll need to file:

  • Notice of Motion for Modification of Custody: This document formally requests the court to change the existing custody arrangement
  • Certification in Support of Motion: This details the facts and reasons supporting your request
  • Proposed Parenting Plan: This outlines your suggested custody and parenting time arrangement
  • Financial Information: Including Case Information Statement if financial support is also being addressed

These documents must be filed with the Passaic County Family Division located at:

Passaic County Court House 77 Hamilton Street Paterson, NJ 07505 Phone: (973) 247-8600

The filing fee for a post-judgment motion in Passaic County is approximately $175, though fee waivers may be available for those who qualify based on financial need.

6. Serving the Other Parent

The other parent must be legally “served” with copies of all documents you’ve filed. This usually must be done at least 24 days before the court date. Service can be accomplished through:

  • Certified mail with return receipt requested
  • Personal service by someone over 18 who is not involved in the case
  • Professional process server

7. Preparing for Court Proceedings

Passaic County Family Court may require:

  • Mediation: Most custody cases in New Jersey are referred to mandatory mediation through the court’s Complementary Dispute Resolution (CDR) program before proceeding to a hearing
  • Custody Evaluation: The court may order a custody evaluation conducted by a court-appointed mental health professional
  • Interview with the Child: For cases where the child’s preference is relevant, the judge may interview the child in chambers (not in open court)

8. Custody Hearing or Trial

If mediation doesn’t resolve the issues, your case will proceed to a hearing or trial before a Family Court judge. Be prepared to:

  • Present evidence supporting your position
  • Testify about your relationship with your child and parenting abilities
  • Address any concerns raised by the other parent
  • Answer questions from the judge

9. Post-Decision Procedures

After the court makes its decision:

  • Obtain a written copy of the custody order
  • Understand and follow all provisions of the order
  • Develop a strategy for transitioning the child if custody has changed
  • Consider counseling or co-parenting resources to ease the transition

Special Considerations for Passaic County Cases

Cultural Diversity

Passaic County is culturally diverse, with significant Hispanic, African American, and Middle Eastern populations. The court system is equipped to handle cases involving families from various cultural backgrounds, including providing interpreters when needed.

Family Division Services

Passaic County Family Division offers several services that can assist in custody matters:

  • Parent Education Program: Required for divorcing parents with minor children
  • Custody/Parenting Time Mediation: Free service provided by the court
  • Family Crisis Intervention Unit: Assists families experiencing serious parent-child conflicts

When Your Child’s Preference May Carry More Weight

Your child’s stated preference to live with you may carry more weight in certain circumstances:

  • When the child is a teenager (generally 13+)
  • When there are legitimate concerns about the current living situation
  • When the preference aligns with other factors supporting a change
  • When the child can articulate clear, mature reasons for the preference

Potential Challenges and Considerations

Co-Parenting Relationship

Courts highly value parents who demonstrate a willingness to foster the child’s relationship with the other parent. Showing that you support continued meaningful contact with the other parent can strengthen your case.

Stability Concerns

Courts are often reluctant to disrupt a stable living situation unless there are compelling reasons. You’ll need to demonstrate how the proposed change benefits the child beyond simply honoring their preference.

False Allegations

Make sure all claims and concerns raised are legitimate and substantiated. False allegations in custody disputes can severely damage your credibility and case.

Documentation of Communication

Keep records of all communications with the other parent regarding your child, particularly those concerning the child’s wishes or problems with the current arrangement.

Conclusion

Seeking custody of your child in Passaic County when they’ve expressed a desire to live with you involves navigating complex legal, emotional, and practical considerations. While your child’s preference is important, it’s just one of many factors the court will consider when determining the best custody arrangement.

The process requires careful preparation, documentation, and legal guidance. By understanding the legal standards, preparing thoroughly, and maintaining focus on your child’s best interests, you can present the strongest possible case for custody.

Remember that regardless of the outcome, your ongoing relationship with your child and your ability to provide emotional support and stability remain paramount. Even if full custody isn’t granted immediately, demonstrating your commitment to your child’s wellbeing and your respect for legal processes helps establish a foundation for potential future modifications as circumstances evolve.

For specific legal advice tailored to your situation, consult with a qualified family law attorney practicing in Passaic County, who can guide you through this challenging but important process.

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From the tree-lined streets near Elmwood Park to the busy corridors near the East Orange Campus High School, we understand this community’s diverse needs. Common family court cases we handle for East Orange residents include: Divorce and Legal Separation: East Orange has seen significant demographic changes over the years, and many couples find themselves needing divorce mediation services that respect their unique circumstances. Our approach focuses on reducing conflict and finding solutions that work for both parties, especially when children attend East Orange schools like Cicely Tyson School of Performing and Fine Arts or Gordon Parks Academy. Child Custody and Parenting Time: When parents in East Orange separate, determining custody arrangements that serve the child’s best interests is paramount. We help families create parenting plans that account for school schedules, extracurricular activities, and the logistics of co-parenting in Essex County. Our child custody mediation services help parents reach agreements without the stress and expense of prolonged litigation. Child Support: Ensuring children receive appropriate financial support is crucial. We help East Orange parents understand New Jersey’s child support guidelines and work toward fair arrangements that reflect each parent’s financial situation while prioritizing the child’s needs. Jersey City Family Court: Serving Hudson County Families Jersey City families have access to the Hudson County Family Court in Jersey City, conveniently located for residents throughout this dynamic waterfront city. From the historic neighborhoods of Journal Square to the rapidly developing areas near Newport and the Gold Coast, Jersey City presents unique family law challenges that require both legal acumen and cultural sensitivity. Jersey City’s diversity is one of its greatest strengths, with families from countless cultural backgrounds calling this city home. Our family law mediation services respect and honor these diverse perspectives, working to find solutions that align with your values while adhering to New Jersey law. Family Law Services for Jersey City Residents Divorce Mediation: Jersey City couples often prefer mediation to traditional litigation, especially when they want to maintain an amicable relationship post-divorce. Whether you live in a high-rise near Exchange Place or a brownstone in the Van Vorst Park neighborhood, our divorce mediation approach helps you divide assets, address alimony concerns, and create parenting plans efficiently and respectfully. Domestic Violence Protection: Family safety is non-negotiable. We assist Jersey City residents in obtaining restraining orders and navigating the Family Court when domestic violence is a concern. These matters are handled with the utmost confidentiality and urgency. Property Division: Jersey City’s real estate market presents unique challenges in divorce proceedings. From condos near Liberty State Park to multi-family homes in The Heights, we help couples fairly divide marital property, including real estate, retirement accounts, and business interests. Alimony and Spousal Support: New Jersey’s alimony laws have evolved significantly. We guide Jersey City residents through understanding their rights and obligations regarding spousal support, whether you’re seeking support or may need to provide it. Why Choose Mediation Over Traditional Litigation? Both East Orange and Jersey City families increasingly turn to mediation as a preferred method for resolving family law disputes. Here’s why: Cost-Effective: Traditional family court litigation can cost tens of thousands of dollars. Mediation typically costs a fraction of that amount, allowing you to preserve financial resources for your family’s future rather than spending them on legal battles. Faster Resolution: Essex County and Hudson County courts have busy dockets. A contested divorce or custody case can drag on for months or even years. Divorce mediation often resolves cases in a matter of weeks or months, allowing families to move forward more quickly. Less Stressful: Court proceedings are adversarial by nature, often increasing tension between parties. Mediation creates a collaborative environment where both parties work together to find mutually acceptable solutions, reducing emotional strain on everyone involved—especially children. More Control: In litigation, a judge makes final decisions about your family. In mediation, you and your spouse maintain control over the outcome, crafting agreements that truly work for your unique situation. Privacy: Court proceedings are public record. Mediation sessions are private and confidential, protecting your family’s sensitive information. Local Knowledge Makes a Difference A family court lawyer with local knowledge understands the nuances of practicing in Essex and Hudson Counties. We know the court staff, understand local procedures, and can navigate the system efficiently on your behalf. East Orange Considerations: East Orange families often face specific challenges related to the city’s school system, local employment patterns, and community resources. We help families create arrangements that account for these local realities, whether that means coordinating with East Orange Public Schools for special needs accommodations or understanding how local employment opportunities affect child support calculations. Jersey City Factors: Jersey City’s economic diversity, from working-class neighborhoods to luxury high-rise buildings, means that family law cases here can vary dramatically in complexity. We’ve handled everything from straightforward divorces to high-net-worth cases involving complex asset portfolios, always tailoring our approach to the client’s specific needs. Child-Focused Solutions When children are involved, every decision becomes more significant. Our child custody approach always prioritizes the well-being of children, whether they attend schools in East Orange like STEM Academy or Jersey City institutions like McNair Academic High School. We help parents develop comprehensive parenting plans that address: • Physical custody arrangements that account for both parents’ work schedules and proximity to schools and activities • Legal custody decisions regarding education, healthcare, and religious upbringing • Holiday and vacation schedules that honor family traditions while being fair to both parents • Communication protocols that keep both parents involved in their children’s lives • Relocation provisions that address what happens if one parent needs to move within or outside New Jersey The Mediation Process: What to Expect If you’re considering mediation for your family law matter in East Orange or Jersey City, understanding the process helps reduce anxiety: Initial Consultation: We begin with a confidential consultation where we listen to your situation, answer your questions, and explain how mediation can help. This is your opportunity to determine if our approach feels right for you. Mediation Sessions: During structured mediation sessions, both parties work with a neutral mediator to discuss issues, explore options, and reach agreements. The mediator facilitates productive conversation and ensures both voices are heard, but doesn’t make decisions for you. Agreement Drafting: Once you’ve reached agreements, we draft comprehensive documents that protect your interests and comply with New Jersey law. These agreements can be submitted to the court for approval. Court Finalization: If you’re mediating a divorce, the final step involves submitting your agreement to the appropriate Family Court—Essex County for East Orange residents or Hudson County for Jersey City residents—for judicial approval. When Litigation May Be Necessary While we advocate for mediation whenever possible, we recognize that some cases require court intervention. If your spouse is uncooperative, hiding assets, or if domestic violence is present, having an experienced family court lawyer who can effectively litigate on your behalf is essential. Our practice is equipped to handle contested family court matters in both Essex and Hudson Counties, providing aggressive representation when necessary while always keeping your family’s best interests at heart. Modification and Enforcement Family circumstances change. Children grow older, parents change jobs, or living situations evolve. When existing court orders no longer work, we help East Orange and Jersey City families modify custody arrangements, child support orders, or alimony agreements to reflect new realities. Similarly, if your co-parent isn’t complying with court orders, we can help with enforcement actions to protect your rights and your children’s welfare. Serving Essex and Hudson County Communities Beyond East Orange and Jersey City, our family law services extend throughout Essex and Hudson Counties. We’re proud to serve families in: • Newark and Irvington • Montclair and Bloomfield • Hoboken and Weehawken • Bayonne and Union City • West New York and North Bergen Each community has its own character, and we bring local insight to every case we handle. Your Family’s Future Starts Here Making the decision to contact a family court lawyer is never easy, but it’s an important step toward resolving your family law matter and moving forward. Whether you’re in East Orange navigating the Essex County system or in Jersey City working through Hudson County procedures, you don’t have to face these challenges alone. Our practice combines legal expertise with genuine compassion for the difficulties you’re facing. We understand that behind every case is a family in transition, and we’re committed to helping you reach the other side with dignity intact and a workable plan for the future. Contact Us Today If you’re searching for a knowledgeable and compassionate family court lawyer in East Orange or Jersey City, we invite you to reach out. Our mediation services have helped countless New Jersey families resolve their disputes efficiently and amicably, and we’re here to help yours too. Don’t let fear or uncertainty keep you from taking the next step. Whether you need help with divorce, child custody, support matters, or any other family court issue, we’re ready to provide the guidance and support you need. Your family’s future is worth protecting. Let’s work together to find solutions that work for everyone involved. Contact Guaranteed Divorce Mediation today to schedule your confidential consultation and take the first step toward resolution and peace of mind. Serving East Orange, Jersey City, and all of Essex and Hudson Counties with professional family law mediation and representation services.

Family Court Lawyer in East Orange & Jersey City NJ | Expert Legal Guidance

Family Court Lawyer in East Orange and Jersey City: Compassionate Legal Support for Your Family

Navigating family court proceedings in Essex and Hudson Counties can feel overwhelming. Whether you’re facing a divorce, custody dispute, or other family law matter in East Orange or Jersey City, having an experienced family court lawyer on your side makes all the difference. Our practice understands the unique challenges families face in these vibrant New Jersey communities, and we’re here to provide the guidance and support you deserve.

Understanding Family Court in East Orange, NJ

The Essex County Family Court, located at the historic Essex County Hall of Records in Newark, serves East Orange residents with all family law matters. East Orange families often come to us seeking help with complex issues that require both legal expertise and local knowledge. From the tree-lined streets near Elmwood Park to the busy corridors near the East Orange Campus High School, we understand this community’s diverse needs.

Common family court cases we handle for East Orange residents include:

Divorce and Legal Separation: East Orange has seen significant demographic changes over the years, and many couples find themselves needing divorce mediation services that respect their unique circumstances. Our approach focuses on reducing conflict and finding solutions that work for both parties, especially when children attend East Orange schools like Cicely Tyson School of Performing and Fine Arts or Gordon Parks Academy.

Child Custody and Parenting Time: When parents in East Orange separate, determining custody arrangements that serve the child’s best interests is paramount. We help families create parenting plans that account for school schedules, extracurricular activities, and the logistics of co-parenting in Essex County. Our child custody mediation services help parents reach agreements without the stress and expense of prolonged litigation.

Child Support: Ensuring children receive appropriate financial support is crucial. We help East Orange parents understand New Jersey’s child support guidelines and work toward fair arrangements that reflect each parent’s financial situation while prioritizing the child’s needs.

Jersey City Family Court: Serving Hudson County Families

Jersey City families have access to the Hudson County Family Court in Jersey City, conveniently located for residents throughout this dynamic waterfront city. From the historic neighborhoods of Journal Square to the rapidly developing areas near Newport and the Gold Coast, Jersey City presents unique family law challenges that require both legal acumen and cultural sensitivity.

Jersey City’s diversity is one of its greatest strengths, with families from countless cultural backgrounds calling this city home. Our family law mediation services respect and honor these diverse perspectives, working to find solutions that align with your values while adhering to New Jersey law.

Family Law Services for Jersey City Residents

Divorce Mediation: Jersey City couples often prefer mediation to traditional litigation, especially when they want to maintain an amicable relationship post-divorce. Whether you live in a high-rise near Exchange Place or a brownstone in the Van Vorst Park neighborhood, our divorce mediation approach helps you divide assets, address alimony concerns, and create parenting plans efficiently and respectfully.

Domestic Violence Protection: Family safety is non-negotiable. We assist Jersey City residents in obtaining restraining orders and navigating the Family Court when domestic violence is a concern. These matters are handled with the utmost confidentiality and urgency.

Property Division: Jersey City’s real estate market presents unique challenges in divorce proceedings. From condos near Liberty State Park to multi-family homes in The Heights, we help couples fairly divide marital property, including real estate, retirement accounts, and business interests.

Alimony and Spousal Support: New Jersey’s alimony laws have evolved significantly. We guide Jersey City residents through understanding their rights and obligations regarding spousal support, whether you’re seeking support or may need to provide it.

Why Choose Mediation Over Traditional Litigation?

Both East Orange and Jersey City families increasingly turn to mediation as a preferred method for resolving family law disputes. Here’s why:

Cost-Effective: Traditional family court litigation can cost tens of thousands of dollars. Mediation typically costs a fraction of that amount, allowing you to preserve financial resources for your family’s future rather than spending them on legal battles.

Faster Resolution: Essex County and Hudson County courts have busy dockets. A contested divorce or custody case can drag on for months or even years. Divorce mediation often resolves cases in a matter of weeks or months, allowing families to move forward more quickly.

Less Stressful: Court proceedings are adversarial by nature, often increasing tension between parties. Mediation creates a collaborative environment where both parties work together to find mutually acceptable solutions, reducing emotional strain on everyone involved—especially children.

More Control: In litigation, a judge makes final decisions about your family. In mediation, you and your spouse maintain control over the outcome, crafting agreements that truly work for your unique situation.

Privacy: Court proceedings are public record. Mediation sessions are private and confidential, protecting your family’s sensitive information.

Local Knowledge Makes a Difference

A family court lawyer with local knowledge understands the nuances of practicing in Essex and Hudson Counties. We know the court staff, understand local procedures, and can navigate the system efficiently on your behalf.

East Orange Considerations: East Orange families often face specific challenges related to the city’s school system, local employment patterns, and community resources. We help families create arrangements that account for these local realities, whether that means coordinating with East Orange Public Schools for special needs accommodations or understanding how local employment opportunities affect child support calculations.

Jersey City Factors: Jersey City’s economic diversity, from working-class neighborhoods to luxury high-rise buildings, means that family law cases here can vary dramatically in complexity. We’ve handled everything from straightforward divorces to high-net-worth cases involving complex asset portfolios, always tailoring our approach to the client’s specific needs.

Child-Focused Solutions

When children are involved, every decision becomes more significant. Our child custody approach always prioritizes the well-being of children, whether they attend schools in East Orange like STEM Academy or Jersey City institutions like McNair Academic High School.

We help parents develop comprehensive parenting plans that address:

• Physical custody arrangements that account for both parents’ work schedules and proximity to schools and activities

• Legal custody decisions regarding education, healthcare, and religious upbringing

• Holiday and vacation schedules that honor family traditions while being fair to both parents

• Communication protocols that keep both parents involved in their children’s lives

• Relocation provisions that address what happens if one parent needs to move within or outside New Jersey

The Mediation Process: What to Expect

If you’re considering mediation for your family law matter in East Orange or Jersey City, understanding the process helps reduce anxiety:

Initial Consultation: We begin with a confidential consultation where we listen to your situation, answer your questions, and explain how mediation can help. This is your opportunity to determine if our approach feels right for you.

Mediation Sessions: During structured mediation sessions, both parties work with a neutral mediator to discuss issues, explore options, and reach agreements. The mediator facilitates productive conversation and ensures both voices are heard, but doesn’t make decisions for you.

Agreement Drafting: Once you’ve reached agreements, we draft comprehensive documents that protect your interests and comply with New Jersey law. These agreements can be submitted to the court for approval.

Court Finalization: If you’re mediating a divorce, the final step involves submitting your agreement to the appropriate Family Court—Essex County for East Orange residents or Hudson County for Jersey City residents—for judicial approval.

When Litigation May Be Necessary

While we advocate for mediation whenever possible, we recognize that some cases require court intervention. If your spouse is uncooperative, hiding assets, or if domestic violence is present, having an experienced family court lawyer who can effectively litigate on your behalf is essential.

Our practice is equipped to handle contested family court matters in both Essex and Hudson Counties, providing aggressive representation when necessary while always keeping your family’s best interests at heart.

Modification and Enforcement

Family circumstances change. Children grow older, parents change jobs, or living situations evolve. When existing court orders no longer work, we help East Orange and Jersey City families modify custody arrangements, child support orders, or alimony agreements to reflect new realities.

Similarly, if your co-parent isn’t complying with court orders, we can help with enforcement actions to protect your rights and your children’s welfare.

Serving Essex and Hudson County Communities

Beyond East Orange and Jersey City, our family law services extend throughout Essex and Hudson Counties. We’re proud to serve families in:

• Newark and Irvington

• Montclair and Bloomfield

• Hoboken and Weehawken

• Bayonne and Union City

• West New York and North Bergen

Each community has its own character, and we bring local insight to every case we handle.

Your Family’s Future Starts Here

Making the decision to contact a family court lawyer is never easy, but it’s an important step toward resolving your family law matter and moving forward. Whether you’re in East Orange navigating the Essex County system or in Jersey City working through Hudson County procedures, you don’t have to face these challenges alone.

Our practice combines legal expertise with genuine compassion for the difficulties you’re facing. We understand that behind every case is a family in transition, and we’re committed to helping you reach the other side with dignity intact and a workable plan for the future.

Contact Us Today

If you’re searching for a knowledgeable and compassionate family court lawyer in East Orange or Jersey City, we invite you to reach out. Our mediation services have helped countless New Jersey families resolve their disputes efficiently and amicably, and we’re here to help yours too.

Don’t let fear or uncertainty keep you from taking the next step. Whether you need help with divorce, child custody, support matters, or any other family court issue, we’re ready to provide the guidance and support you need.

Your family’s future is worth protecting. Let’s work together to find solutions that work for everyone involved. Contact Guaranteed Divorce Mediation today to schedule your confidential consultation and take the first step toward resolution and peace of mind.

Serving East Orange, Jersey City, and all of Essex and Hudson Counties with professional family law mediation and representation services.

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