Articles Tagged with Child custody

A New Jersey child custody case has the potential to be among the most complicated legal proceedings in a court in the Garden State. Navigating a New Jersey child custody case typically is an emotionally charged and legally complex process. While the idea of self-representation might seem appealing to avoid attorney fees or to maintain personal control, that is not necessarily the best approach to take this type of proceeding. Self-representation oftentimes leads to unfavorable outcomes for a party to child custody proceedings. There are a number of significant, key reasons why you should not represent yourself in a New Jersey child custody proceeding.

 Lack of Legal Knowledge Can Hurt Your Case

At the outset, it is important to understand that New Jersey family law is intricate and continually evolving. Custody decisions hinge on the “best interests of the child.” This is a legal standard that requires a detailed understanding of legal statutes, case law, and judicial discretion. The bottom line is that without a legal background, you may misinterpret rules, miss deadlines, or fail to present essential information. Making these mistakes can have a devastating impact or effect on your position in a child custody proceeding.

Courtroom Procedure Is Not “User-Friendly”

New Jersey family courts operate under what are considered strict procedural guidelines. Family court judges expect all parties to follow court rules and protocols, submit the correct documentation, and meet filing requirements. This is required whether or not a person appearing before the court is an experienced attorney or an inexperienced party to a divorce case. The reality is that missing a single procedural detail, such as a required form or deadline, can result in your case being delayed or even dismissed. Attorneys are trained to navigate these procedures seamlessly. A layperson simply is not. Continue Reading →

Separation or divorce is never an easy situation, especially when children are involved. This can particularly be the case when younger children are part of the family. One of the biggest challenges that parents might face after separation or divorce is preparing their child for their first overnight parenting time session. This can be a stressful and emotional experience for both the parents and the child. However, with some planning and preparation, parents can help their child have a positive experience during the first overnight parenting time with the noncustodial parent.

Communicate with Your Child

 Before the overnight visit, talk to your child about what to expect during the visit. Explain that it is a normal part of spending time with both parents and reassure them that you will be back to see them soon. Acknowledge that your child may have some concerns or questions about the planned parenting time and encourage them to express themselves openly.

Visit the Location Beforehand

 If the overnight parenting time is taking place in a new location, try to visit beforehand so your child can become familiar with the surroundings. This will help your child feel more comfortable and confident when they arrive for the overnight visit. If it is not possible to visit the location beforehand, consider sharing pictures or videos of the place with your child. Continue Reading →

A New Jersey divorce truly is a life-altering experience. This particularly is the case when children are involved. The process can be emotionally draining and otherwise challenging for divorcing parents and children alike. It is vital for parents to maintain a healthy relationship with your children post-divorce. One of the best ways to achieve this is through video communication. There are seven key benefits associated with video communication following a New Jersey divorce.

The seven key benefits of using video communication to keep close to kids after divorce are:

• Staying connected
• Better communication
• Sharing experiences
• Build strong relationships
• Flexible scheduling
• Cost effective
• Peace of mind

We discuss each of these important benefits in turn.

Stay Connected

Using video communication, parents can stay connected with children when kids are at the other parent’s home. Video communication provides a sense of closeness and comfort, which is essential for parents and children alike. A keyway in which parents and children can maintain meaningful relationships after divorce is through regular connections between mothers, fathers, and kids.

Better Communication Continue Reading →

Time and again in marriage dissolution proceedings and post-divorce cases, the most contentious matters center on child custody. A pervasive problem during and after divorce proceedings is a noncustodial parent interfering with a standing child custody order of the court. With this in mind, there are some more commonplace issues that arise in regard to interference with child custody. In each of the 50 states, there are some effective remedies in place to address interference with child custody.

Overview of Child Custody

The laws in the 50 states provide for two categories of child custody. These are legal custody and physical custody. Legal custody is defined as the authority of a parent to make major life decisions on behalf of a minor child. Legal custody can be exercised by one parent or shared by both, depending on the agreement of the parties or order of the court. Matters that encompass major life decisions include those related to education, religion, and healthcare.

In very basic terms, physical custody involves with which parent a child resides during and after divorce proceeds. Physical custody is also known as residential custody in some jurisdictions. Continue Reading →

It is becoming frequently common for couples to have children outside the marital relationship, for a multitude of reasons. Part of it has to do with delaying marriage – part of it has to do with the relaxing of stricter moral or religious codes regarding sex prior to marriage. Regardless, when children are born outside the marriage, both parents still have a duty to care and support their children. However, there are certain New Jersey custody laws for unmarried parents that these individuals should be aware of in order to preserve their parental rights.

Establishing Parental Rights

The mother is always presumed to be the mother of the child, whether married or not. But for fathers, the New Jersey custody laws for unmarried parents include a requirement to establish paternity before any orders can be issued concerning custody, visitation or support. There is a multitude of ways unmarried parents can establish paternity. If the parties never marry, then the father will need to sign a voluntary acknowledgment of paternity. A certificate of parentage can establish paternity and can be executed at the hospital during the child’s birth. The parents will need to meet with a birth certificate coordinator who will explain the provisions and significance of the form. Then, they will need to present valid identification and fill out the certificate. Their signatures must then be witnessed by the coordinator. Of course, if the parents do not fill out the form at the hospital, it can be completed later at either a local registrar’s office or county welfare agency.

He can also file a lawsuit to establish paternity, where a court will determine that he is the father. The couple can marry shortly after the child is born and sign a legitimization form, or the father can agree to his name put on the birth certificate and agrees to support the child. The father can also welcome the child into his home and openly hold out the child as his own. However, it is also best to get a court order or acknowledgment of paternity on file to get rid of any question as to the paternity of the child.  Continue Reading →

Divorce is an ugly word but an unfortunate circumstance in many families today. While a divorcing couple can typically navigate the process with as few hurt feelings as possible, it is often impossible to keep children completely out of the battlefield when parents start considering separation and divorce. It is easy to let your children slip to the back of your mind when you are preparing to go through a divorce, simply because there is so much for you to worry about. One thing you simply cannot do, however, is stop worrying about your children. They are going through the divorce with you and your spouse – even if you try to keep them as far from the process as possible.

If you and your spouse are giving serious thought to ending your marriage and you would like to spare your children as much anguish, confusion, and heartache as possible, here are several important things to remember when you begin the process.

Reinforce your love for your children.  Children of divorce often feel that they are at fault in some way for their parents’ divorce, while this is usually never the case. It is critical that you and your spouse constantly reinforce your love for your children while you are going through the process of divorce. They need to know that they are important to you and that the reason why mommy and daddy are no longer together has absolutely nothing to do with them at all. Continue Reading →