A couple seeking to obtain a divorce when their marriage is not salvageable, may have an easy time of it or a difficult one. It can be uncomplicated unless they have minor children. When there are custody issues to be resolved, it becomes complicated. They will retain the services of a New Jersey divorce lawyer to help navigate the legal mandates in that state.
The legal issues related to child custody determine which parent has physical custody and for how much of the time. If joint custody is going to be implemented, the parents must agree on length of time each has the child or children in his or her home. In many cases, it is half and half.
Unless there is a legal obstruction to visitation rights, the non-custodial parent will get them. Often this means every other weekend and vacations. When one parent is adjudged unfit, they can be denied or allowed under supervision of an adult named by the court.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
If there has been proof of or an accusation of abuse in any form, an attempt at parental alienation or any other manipulation of the minor, that will play into the decision made by the judge. Some couples allow their hatred of the marital partner to overwhelm their better judgment. This may satisfy the need for revenge, but, is damaging to the child or children.
An attorney who is handling a divorce may request a custody decision at the same time. This functions well if both parents are in agreement as to who is the custodial parent or if custody is to be shared, for example. When there is a conflict of interest, evidence must be presented to the court by each attorney, to prove who is more fit to care for the minor child or children in question.
The legal issues related to child custody determine which parent has physical custody and for how much of the time. If joint custody is going to be implemented, the parents must agree on length of time each has the child or children in his or her home. In many cases, it is half and half.
Unless there is a legal obstruction to visitation rights, the non-custodial parent will get them. Often this means every other weekend and vacations. When one parent is adjudged unfit, they can be denied or allowed under supervision of an adult named by the court.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
If there has been proof of or an accusation of abuse in any form, an attempt at parental alienation or any other manipulation of the minor, that will play into the decision made by the judge. Some couples allow their hatred of the marital partner to overwhelm their better judgment. This may satisfy the need for revenge, but, is damaging to the child or children.
An attorney who is handling a divorce may request a custody decision at the same time. This functions well if both parents are in agreement as to who is the custodial parent or if custody is to be shared, for example. When there is a conflict of interest, evidence must be presented to the court by each attorney, to prove who is more fit to care for the minor child or children in question.
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