NJ Child Custody and Parenting Time Attorney
The most vulnerable members to any parental separation are the children. With that in mind, the New Jersey courts attempt to exercise substantial diligence in addressing child custody and parenting time issues. To assist the parties in resolving custody and parenting issues between them, the court will order the parties to participate in parenting mediation.
The days have long passed since custody awards appeared to favor one gender over the other. The best interests of the children are always foremost in considerations for custody and parenting time.
Different Types of Custody
Title 9 of the New Jersey Statutes deals extensively with custody laws for parents who live separately. In furtherance of advancing the best interest of children, ideally, the legislature and Courts aspire to allow children to have equal access to both parents, circumstances permitted.
The rights of both parents must be considered when the court determines custody arrangements. However once again, the best interests of the child or children are of primary concern. In some cases, the court may appoint a guardian ad litem to represent the minor in custody proceedings.
In New Jersey, the different types of custodial arrangement include the following:
- Joint legal custody : Provisions for children that provides for legal or physical custody, including residential arrangements and provisions for jointdecisions regarding such major decisions as ones involving the child’s health, education, and general welfare;
- Making one parent : the Parent of Primary Residence (PPR) and the other parent the parent of Parent of Alternate Residence (PAR); or
- Sole legal custody: This is when one party will have pretty much sole decision-making authority on significant issues pertaining to the child or children’s health, welfare and education.
- The child’s best interest and other circumstances prove integral. The court orders different custody arrangements based on its own discretion.
In years past, the non-custodial parent received an award for visitation. However, this concept suggested that children were guests in their mother or father’s household.
Parenting time is more of an accurate description of the hours, days, or weeks that non-custodial parents spend with their children. They have the opportunity to bond and spend productive bonding time together.
Without question, children are the most adversely affected when their parents separate or divorce. Since children have the right to both parents, the courts view parenting time as a major component of their best interests.
Child Relocation Laws
It is not uncommon for a parent to want or need to relocate for a variety of reasons, including career opportunities. Your child’s best interestsare integral to that decision, and the New Jersey courts will act accordingly. Navigating New Jersey law necessitates the guidance of an attorney who is sensitive to your needs and understands the law.
In years past, the courts focused on whether the child’s relocation represented potential harm. Among other things, the current standard takes into accord that best interests of a parent who has primary custody.
Children have the right to affection and contact with both parents. Therefore, even if the court order allows for their relocation, arrangements regarding parenting time are essential.
Custody, Parenting Time and Child Support
Custody and parenting time all factor into awards for child support. Typically, Child Support Guidelines worksheets are used in establishing child support and the parenting time arrangement is one integral component of the calculation.
Consult with a Custody and Parenting Time Attorney
What happens to your children matters a great deal. At the Law Offices of Sam Stoia, we recognize the critical nature of meeting their best interests. Our office meets with concerned parents regarding these issues.
At times, a change in circumstances suggests a modification of an existing custody and parenting time court order. Our office also assists with post-judgment applications.