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Child Custody & Visitation
Going through a separation and divorce can be a very confusing and emotional time, especially when there are children involved.
One of the most common inquiries from parents that are going through a divorce involves the different types of custody, namely, what joint physical custody is.
One of the most important topics covered in mediation is a developing a parenting plan, an agreement which outlines what the co-parenting arrangements will be moving forward. The ultimate goal is to establish a plan and a schedule that is fair, and will benefit the children by allowing them to receive maximum support and love from both parents so that the transition goes as smoothly as possible for everyone involved.
While seemingly a straightforward question, what is joint custody? is not as easy to explain as it seems. Joint custody as the separate but equal sharing of parental responsibilities for minor children from both a physical custody and legal custody perspective after a couples divorce.
What are the benefits of sole custody when both parents are equally fit? Sole custody means that one spouse has residential custody of the child as well as the right to without any consultation to make all of the day-to-day and major decision for the child.
When parents who live in two different states and they want to make their custody arrangement into a formal court order, or when they need to resolve a dispute about custody or visitation parenting time, then it may be very difficult to determine which state court should handle the case.
If a custodial parent wants to move out of New Jersey with a children there are some elaborate laws that the custodial parent must satisfy before moving.
When was the last time that absent gross misconduct, abandonment or imprisonment by the other party sole custody of the minor children was awarded to your client? With the decreasing number of cases that are tried to conclusion in the family part, sole custody of the children in one or the other parent is almost unheard of.
For mediation clients who have children, the Parenting Plan is the first of the four major areas covered during divorce mediation.
What are the common signs that may indicate that an international abduction may occur?
In this day and age, it is reality that many people hate to live in New Jersey. In my opinion the major reason why people hate to live here is because of the very high property taxes which are the highest in the United States.
This is when DYFS has filed a court case against you because it believes that you have abused or neglected your child. DYFS cases are very common in divorce cases.
Emancipation only occurs when a child reaches 18 years and/or becomes financially independent. A child is not automatically emancipated at the age of 18.
I have been married for one year at the end of this month and it seems that the marriage is mutually over. We have no joint assets and no children. What is the difference between an annulment and a divorce?
In today’s world, there are more interfaith marriages than ever before. New Jersey is becoming more multi-cultural each and every generation. As a consequence, our citizens often fall in love and get married to people from different religions.
Name change litigation is a growing area of family law practice. Each and every year there are more and more cases that are reported on the name change of a child. In a divorce case, the wife of course may resume her maiden or former married name. An interesting issue is whether the custodial mother can have a child’s last name changed to her maiden name?
In many divorces the children’s education is a major issue. Unfortunately, many lawyers overlook school law issues in the separation agreement or in the judgment of divorce. A judgment of divorce should be carefully prepared to address the potential pitfalls that can arise in the future. In many cases a child may want to attend school in the district where the noncustodial parent lives.
The relationship between grandparents and their grandchildren has become increasingly complex over the past few decades. More and more, grandparents are looking to the courts to obtain visitation time with their beloved grandchildren.
After a bitter divorce, visitation disputes can linger for years if not decades. I have seen many people ruin their lives by engaging in mental warfare with their ex-spouse over visitation disputes.
Pursuant to N.J.S.A. 2A:17-56.7(b), the early establishment of paternity and child support orders creates a basis for individual security and family stability.
New Jersey‚ Grandparent’s Visitation State, N.J.S.A. 9:27.1 allows a grandparent residing in New Jersey to make an application for visitation.
A custodial parent(s) may only relocate if he or she has the consent of the former spouse. Alternatively, the relocating spouse must obtain a court order to permit the move.
Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child’s health, education, safety and welfare. Physical custody refers to which parent the child lives with.
Child custody is comprised of legal and physical custody. Legal custody relates to a parent’s authority and responsibility for making major decisions regarding the child’s health, education and welfare. Physical or residential custody relates to where the children live.
A custodial parent’s removal of the children from the state is more traumatic and injurious than a custody dispute. Custody disputes result in a division of daily and weekly time between the parents. Removal disputes dramatically alter the time, distance, and character of the parent-child relationship.
Often during the pendency of a divorce or custody litigation, or sometimes even long after a final divorce or custody determination is made, one parent seeks to relocate out of state with a child for what can be a myriad of reasons, such as a job transfer, a desire or financial need to be close to extended family, or remarriage.
When parents divorce, are living separate and apart or are deceased, there is often a residual affect on the relationship between the children and their grandparents.
Most of us have fond memories of growing up surrounded by loving, doting and often, overly indulgent grandparents. In most cultures, grandparents play a major role in the social, moral and cultural development of their grandchildren.
New Jersey Laws state that custody questions should be decided in "the best interest of the child". The "best interest of the child" is usually proven by two lines of argument.
Children who are natives of the State of New Jersey or who have resided in New Jersey for five years may not be removed from the jurisdiction without the consent of both parents or an appropriate Court Order.
Legal Custody of the children is commonly viewed as the parent or parents, in the case of joint custody, with whom the decision making authority rests.
Court rules allow a qualified expert to render an opinion addressing the ultimate issue to be decided by the Court. Thus, psychologists routinely recommend custody of minor children to one, the other or jointly.
The ’best interest’s of the child’ determine most issues of custody and visitation. Although the standard is simply defined, proving "best interest" is most difficult and expensive.
New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training. Alimony pendente lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made. Finally, there is permanent alimony which is usually appropriate in long term marriages and typically terminates upon the death of either party or remarriage.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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