New Jersey Info

New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service 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 SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

New Jersey Divorce Support New Jersey Divorce Online

A Detailed Glance at Child Custody
Legal Custody

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. Authorities generally agree that when both parents are able to communicate with one another it is in the children's best interest that both parents remain equally active in major decisions concerning the children's health, education and welfare. Joint legal custody is a stated public policy in New Jersey.

Physical Custody - The Real Problem

When parents are separated or about to be separated, the real issue of custody is that of physical custody. Except in rare cases where one parent is incapable of parenting and supervising a child, the law provides an unbiased equal right to the physical custody of the children ( in reality, however, many Judges still adhere to the belief that the woman's place is in the home with the children ). Parents possessing basic skills of parenthood will ordinarily have co-parenting time with their children on alternating weekends, alternating holidays and large blocks of time on summer vacations from school and other school closings. The term " visitation " has been replaced with " co-parenting " because most judges and mental health professionals acknowledge that time spent with children is not "visitation" but is actual "parenting " time. Thus, a contested physical custody dispute centers around those evenings prior to school days which are Sunday through Thursday evenings. When one considers the parents' work schedules, the children's extra-curriculum activities and the children's own social schedule, a contested physical custody dispute may only involve a very few hours a very few evenings per week. When explained in this fashion, a negotiated or mediated settlement is easily facilitated. The family therapist, psychologists, and mediators are often called upon to mediate custody/co-parenting disputes.

Children's Preference to Custody

Contrary to the belief of many, there is no set age at which a child can testify in Court. So long as the child is mature and can express an opinion, the Court will conduct an in-camera ( not open to the public ) interview with the child at which time the child will be asked questions concerning preferences of custodial arrangements. The court, upon request, must interview children 7 years of age or older. Discretion is advised for children below age 7. The Court will either transcribe the interview or record the interview. Children may tell a parent that they want to live with them and may sometimes tell the other parent that they want to live with them, but often the children tell the Court that they want both parents and wished they were not undergoing divorce.


Was this helpful? Like our site & let us know.

Related Articles


Start New Jersey Divorce Start Your New Jersey Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
New Jersey Divorce Find New Jersey Divorce Professionals in Your Area:
Join the Network
New Jersey Divorce Products, Services and Solutions New Jersey Divorce Products, Services and Solutions
New Jersey Divorce Resources to Help You Through the Process.
Online Parenting Class New Jersey Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free New Jersey Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a New Jersey Divorce

 

Settle Your Divorce Negotiate Your New Jersey Divorce

 

Support Forum New Jersey Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site