Articles Posted in Child Custody And Visitation

One New Jersey Superior Court judge has decided that a child may decide whether to call a step-parent “Mom” or “Dad” or any derivative thereof. In a very lengthy decision in B.S. v. T.S.,  Ocean County  Judge Lawrence Jones held that the 8 year-old boy involved is mature enough to make his own decision as to what he calls his father’s live-in girlfriend, contrary to the position of the biological Mother.

Upheaval of Divorce and Grant of Power to Child

The court determined that the child’s parents’ divorce had caused enough upheaval in his life, over which he had no control whatsoever. Therefore, the court gives the child control over what he decides to call his Dad’s live-in girlfriend. The Father is engaged to the live-in girlfriend with whom the child has a very positive relationship, the trauma suffered by the child throughout the divorce and subsequent court involvement concerning the child, the fact that the girlfriend’s three children living in the boy’s household and the girlfriend’s past teaching experience all seem to come into play in the Court’s granting the child the power to make his own decision as to what to call this woman. There is no way to tell if any or all of these factors will play a part in future determinations on the issue.

The impression provided by this decision is that the parents are and were too often in court, unable to work out things without on their own. The child may well have been put him in the middle of it all. This parental behavior may well have played a role in the final determination by the court. The court made clear the positive nature of the relationship between the child, both parents and the girlfriend, expressed by the child, avoiding any impression that this decision was based upon anything lacking in the biological mother.  Continue Reading →

Child custody laws are established on a state-by-state basis. With that noted, there is a tremendous amount of commonality in child custody statutes from one jurisdiction in the United States to another.

One element common in child custody statutes is the standard to be applied by a court when making a custody determination. The guideline utilized in all states is known as the best interests of the child standard.

Legal Overview of the Best Interests of the Child Standard

The best interests of the child standard focuses on the needs of the minor and not the objectives of the parents. The court is called upon to consider a wide range of factors on a case-by-case basis to ascertain what custodial arrangement will best meet the needs of the minor child. Continue Reading →

New Jersey law makes it clear that if you are the custodial parent of a child, you must either have permission of the other parent or a court order allowing you to move the child outside the state of New Jersey.

BAURES FACTORS

The New Jersey courts in the case of Baures v. Lewis gave us 12 factors to consider in determining whether the relocation will be permitted. It is important to note that the Baures factors are only guidelines. No single factor is dispositive to the case, not all factors need to be considered equally, and not all of the factors listed will be relevant in every case.

• The reasons given for the move

The court will consider why the parent wants to move the child, whether for employment, financial, familial, or other reasons.

• The reasons given for the opposition

The reasons why the other parent does not wish for the child to move. Is the reason spite, or is it because it will be hard to visit with the child? Will the transition be difficult for the child? The court will weigh the pros and cons of the move. Continue Reading →

How to Get Along During a Divorce

 Animosity between parents going through a divorce can be emotionally damaging to a child. For this reason, it is critical for parents not to show their frustration toward each other in front of the children. Here are three ways to ensure that you and your former partner can remain civil while going through a divorce.

Deal with Your Emotions First

With all the paperwork that needs your attention, and your need to adjust to your new life, the last thing you want to dwell on are your emotions. Unfortunately, negative emotions are a part of divorce, and bottling them up can lead to anger and resentment. Deal with your feelings first, even if this means seeking professional counseling. The more consistently you address your emotional health, the less animosity there will be between you and your former partner.

Think Before You Act

I was once told by a colleagues that criminal lawyers often represent bad people acting their best in a criminal case and divorce lawyers often represent good people acting their worst during a divorce. Do not go down this path. Acting poorly towards your spouse and involving your children can hurt own case and damage your children. Therefore, think before you act. Your actions can have a short and long term affect on your life and the lives of your children. Continue Reading →

When a Grandparent Visitation case arises it is often following a significant family crisis, such as a divorce, change in child custody, argument between parent and child, or a death in the family. No matter what the cause is, often one or both parents decides that it is not a good idea for the grandparent to spend time with his or her grandchild. This lack of visitation may be difficult for all of the parties involved in the family dispute, which is when the courts become involved. As is the case with most legal issues, if the parties can come to a visitation agreement on their own, the process is much simpler. However, in some cases strained relationships between the child’s parents and the grandparent can make it impossible for the parties to come to their own agreement. In those cases, the New Jersey law may allow the grandparent the ability to obtain a court order allowing them time to visit with their grandchild.

VISITATION RIGHTS FOR GRANDPARENTS 

Overview Of N.J.S.A. 9:2-7.1

New Jersey Law codifies the rights of a grandparent to child visitation in N.J.S.A. 9:2-7.1, titled “Visitation Rights for Grandparents, Siblings.” The grandparent may apply to the New Jersey Court for visitation with a grandchild if he or she can show that it is in the “best interest of the child” to do so. The law outlines eight factors that the court will take into account in determining whether to award grandparent visitation. The statute also makes it clear that if the grandparent was ever the primary caretaker of the grandchild, it will assume that it is in the best interest of the child to have visitation with the grandparent. Continue Reading →

Many partners divorce with children having come of the marriage. A divorce can be a confusing and emotionally detrimental experience for children, especially when the issue of custody comes into play. Let’s examine five ways you can help your child cope with divorce, and avoid causing them unnecessary harm.

1. Encourage Regular Communication

It is important to communicate with your child on a regular basis. Take a few minutes out of your day when your child comes home from school to focus specifically on them. Dinner can wait, work can wait. Your priority is making sure your child knows that you are not only approachable, but available in their times of need.

2. Keep Things Amicable

Few things are more emotionally taxing to a child than being forced to side with one parent over the other. In fact, studies suggest that animosity between parents causes children to suffer the most emotional or psychological damage during a divorce. Stay in regular contact with your ex and meet with them publicly so both of you avoid displaying animosity toward one another in front of your child. The more civil you both are, the less damage you will inflict on your child’s emotional foundation. Continue Reading →

New Jersey law requires that parents of children who are divorced or separated from the other parent receive permission before removing a child from the state. The reason for the law is that one parent removing a child from the state often makes it difficult for the other parent to spend time with the child. The state is charged with making decisions in the best interest of the child, and it finds that parenting time with both parents in usually in the child’s best interest.

Non-Custodial Parent Consents

New Jersey law depends on whether the parent wishing to move the child is the custodial or non-custodial parent. A non-custodial parent may move out of the state, without the child, without permission. The custodial parent, however, must obtain permission to move. If the other parent consents to the move, the child can be removed from the state without going through a legal proceeding, though it can be helpful to have written permission signed by each parent.

Court Order Required

If, on the other hand, the other parent does not give permission for the child to move out of state, the parent requesting to move will need to go to the court for permission. In order to obtain a court order permitting a child to leave New Jersey, the custodial parent must show a good faith reason for the move and show that the move will not be against the best interest of the child. Continue Reading →

When parents decide to change their child’s last name and are in agreement, the process of the name change is quite simple. That is not the topic of this blog. Rather, the topic is what to do and what happens when the parents cannot come to agreement and the court makes the ultimate decision on your child’s last name.

New Jersey Courts apply a standard set of factors to name change cases regardless of whether or not the parties were ever married. In addition to those factors, the court applies additional standards if the parties never were and are not now married, giving preference to the name choice of the parent with whom the child primarily resides.

IN ALL CASES, NEW JERSEY COURTS APPLY THE FOLLOWING FACTORS

• How long has the child used his or her current surname.
• The child’s identification as a family member or as part of a family unit;
• Whether the child will experience any potential anxiety, embarrassment or discomfort if the child and custodial parent have different surnames. This is only considered for the parent given a presumption of surname. See below for details on presumption;
• The child’s preference, in the event he or she is old enough to express a preference;
• The court’s application of any additional factors it chooses to consider.

Continue Reading →