If you are a New Jersey parent seeking sole custody — either in conjunction with your divorce/separation or as a modification of an existing order — you should know that New Jersey courts make custody decisions based on the best interests of the child. Judges are given great latitude in making that determination; the only…
New Jersey family courts follow guidelines that keep the best interests of the child at the center of legal decisions, and the courts typically believe that children do best when both parents are involved in their lives. Custody does not usually become an issue until one spouse moves out or seeks an order for visitation…
Same sex marriage has been legal in New Jersey since 2013, and New Jersey family courts apply the same divorce and custody laws to same sex couples as they do to heterosexual couples. When it comes to child custody, state law requires that there be no bias based on gender or sexual orientation. The right…
The typical standard for determining child custody is the best interests of the child. Depending on the parenting plan agreed to during your divorce, parents may share both physical and legal custody, or one parent may be granted both. Determination of custody can depend on several factors, including the age of the children, each parent’s…
New Jersey courts have long recognized the benefit of the involvement of both parents in the daily lives of their children and tend to favor shared — or joint — custody when there is a divorce, absent any evidence of abuse or neglect. There have been many studies on the benefits of shared parenting for…
When divorcing spouses are unable to agree on child custody, a judge may order a custody evaluation. Both spouses participate in the process, where a psychologist or other mental health expert will evaluate both parents and the children and make custody and visitation recommendations to the court. Since courts usually give significant weight to these…
Unless abuse or neglect has been an issue at home, most children view their homes as a safe haven in which to grow up. When a divorce happens, children are usually shuttled between parents as part of a shared custody arrangement. While that may work for some, most children would prefer being in their own…
Summer is coming up fast, and for divorced parents that typically means that more attention needs to be paid to planning and coordinating vacation schedules. Not only do children have their own summer schedules, but both ex-spouses must also plan their own vacation time with the children. Here are five tips for scheduling vacations with…
In most states, there are two types of child custody: Legal Custody, where a parent has decision-making authority regarding medical, educational and religious matters impacting a child; and Physical Custody, where a parent is responsible for the actual living arrangements of the child as well as the rights and responsibilities associated with daily childcare. Depending…
Moving a child out of state is usually a very emotional decision. There may be many good reasons for it – a new job, a desire to be closer to family, or even the need to make a fresh start. However, if you are the custodial parent and want to move with your child out…
If a child custody dispute looms in your future, it is important that your attorney be able to present your parenting judgments and decisions in the best possible light. The following is a review of the potential pitfalls that can occur during a custody case so you know what to avoid: Significant Others. While you…