Category: Child Custody

Category: Child Custody

Who Has Custody of a Child When the Parents Are Not Married in New Jersey?

As hard as it is for some divorcing couples to resolve child-related legal issues, the task can be even more difficult for New Jersey parents who were never married. Unmarried parents often have additional steps to take before they can resolve any disputes regarding child custody, visitation, and child support. One of the first steps is to establish the father’s paternity—without paternity being established, a man will not have custody or visitation rights. If you[ ... ]

How Does New Jersey Determine a Child’s Best Interests?

How Does New Jersey Determine a Child’s Best Interests? As a parent, going through a divorce means establishing the legal right to spend time with your children and continue playing an active role in their development. While under New Jersey law neither mothers nor fathers are favored in child custody proceedings—rather the courts are supposed to make decisions based on the best interests of children--the reality is that sometimes doesn’t play out the[ ... ]

Do Mothers Have More Rights Than Fathers in Custody Disputes?

Please Note: Our practice focuses on cases that occur in New Jersey. If you’re in a custody dispute with your child’s mother, you may wonder, do mothers have more rights than fathers? Legally, the answer to this question is “no.” Mother’s don’t have more rights than fathers. Under New Jersey’s child custody law, both parents star[ ... ]

Can You Change a Custody Agreement Without Going to Court?

After divorce, getting a custody and visitation agreement in place means the chance to move forward with your life with some semblance of stability of a schedule. The children (and the parents) develop a routine. But then, after a period of time, perhaps circumstances change – a parent moves out of state for a job or remarries, for example.[ ... ]

Regular Overnight Stays With Dad Are Best for Most Young Children

Times are changing, and for fathers who are preparing to get divorced, that’s a good thing. While there used to be a perception that it was in a child’s best interests to be raised by his or her mother following a divorce, this is no longer the guiding principle in child custody matters. It is now written into New Jersey law that, “the rights of both parents shal[ ... ]

Custody Rights, Retirement Plans and Alimony Obligations: Job-Related Considerations for Divorcing Men

The divorce process involves a variety of legal issues with practical implications. From child support to alimony, and from protecting your retirement plan to protecting the right to spend tim[ ... ]

Non-Custodial Fathers Rights Regarding Visitation and Decision-Making Authority During Spring Break

As a father, losing the right to spend time with your children can be devastating. Whether you went through a separation or a divorce, now that the process is over and you are not seeing your children every day, all you want is to maximize the limited time that you do have and make sure they are safe when they are in their mother’s custody.[ ... ]

Studies Demonstrate Importance of Both Parents’ Involvement with Children After Separation or Divorce

For parents, separating or getting divorced involves important considerations that do not apply outside of the parenting context. While New Jersey law requires certain decisions (such as those regarding visitation and parenting time) to be made in the “best interests” of the couple’s children, ideally, all decisions should be made with the children’s immediat[ ... ]

Establishing Child Custody in a New Jersey Divorce

The process of establishing child custody during a divorce shares some important similarities and has some distinct differences from the other primary issues involved in bringing a marriage to an end. Like the other aspects of a divorce, divorcing spouses are permitted (and in fact encouraged) to negotiate custody terms without court involvement; and, even if they go to court, they still have the ability to come to terms amicably prior to trial.[ ... ]

How to Prepare for a Child Custody Evaluation

If you and your spouse are unable to agree on a custody and parenting time arrangement during your divorce, you may need to undergo a child custody evaluation. These evaluations, performed by forensic psychologists who have specific trai[ ... ]

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