New Jersey Info
New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum New Jersey Products Divorce by County
New Jersey Articles
Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support
What about the Kids? - The Best Interests Standard
"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. Opinions from varying sources guide the Court to determine custody and visitation. Once a significant issue of custody is demonstrated the Courts will generally require the parties and children to undergo evaluation by the county Probation Department.
Typically, the probation employee with a Masters of Social Welfare (MSW) will interview all the family members and obtain a history of both parents including but no limited to medical, psychiatric, drug, alcohol, levels of parenting skills, etc. The Probation Social worker will customarily obtain school records of the children which will include grades, attendance, child study team evaluations and other pertinent information. The children, depending upon their age and maturity, will be interviewed of children 7 years or older. The court has discretion to interview children below 7.
The Court must consider the following factors as enumerated in N.J.S.A. 9:2-4:
To file for divorce in New Jersey under no-fault grounds, the couple must have been living separate and apart in different residences for at least 18 consecutive months. There must be no hope of reconciliation in the marriage.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|