The focus of any judge of the family part of the Superior Court of New Jersey is always the best interest of the child. This is mandated legally and ethically for all lawyers and judges.
The child custody statute in the State of New Jersey enumerates many factors that a court is to take into consideration when determining custody of a minor, unemancipated child. This is an extremely fact-sensitive situation and each case is analyzed accordingly.
If you are going through divorce proceedings and are trying to settle a custody disagreement, it is imperative to consult with an experienced East Brunswick child custody lawyer immediately. A knowledgeable child custody attorney can help with determining the best interest for the child in your situation.Easing the Process
Seasoned child custody attorneys in East Brunswick will give people honest and effective advice with respect to their experience and opinion regarding custody disputes.
This is extremely valuable for many reasons. Firstly, many parents do not desire to have their child involved in a trial or a child custody dispute in a courthouse. Secondly, child custody cases are expensive not only with respect to legal fees, but for custody experts, which are very often brought in. Finally, when it comes to children, a person would want an expert who only handles family law cases and child custody cases.
When it comes to children, the most important asset of any family, a parent should always seek the advice and guidance of an experienced East Brunswick child custody lawyer who only handles child custody related matters.Avoiding a Volatile Custody Battle
It is essential that parents put aside the bad feelings aside they may have for each other now that they have broken up. They must put their child’s best interest first and foremost. The parents must be able to communicate in a positive and clear manner for the child to benefit. If two parents cannot communicate, not only will they be frustrated, but more importantly, the child stands in harm’s way.
That would be the most important advice to give right out of the gate, absent a domestic violence situation or alleged abuse of a child by one of the parents. Otherwise, it is strongly emphasized that getting along with respect to the person’s children is essential. One of the factors under New Jersey’s child custody statute is for a judge to look at how well two parents get along before deciding that these parents should have joint legal custody.
If the parents cannot get along, a judge is not going to order a lot of contact between the parents; they are going to keep it minimal. When the parents can communicate and co-parent in a civil and proper manner, the courts applaud such a situation. It will facilitate a positive outcome on the person’s case and most importantly, a positive outcome for the person’s child.Parent’s Considerations
When sorting through child custody, a parent should consider creating a journal if they have not already done so. The journal would be with respect to the day and day happenings with respect to the family and particularly the child.
This journal can be invaluable in the future if there is a child custody trial and case in the State of New Jersey. This can help track each parent’s moves with regard to the child.
The reality is that it is very difficult to keep track of what goes on every day when a person is raising a child. Consequently, these journals are essential in any child custody plenary hearing or trial. The significance of these journals can be best explained by an East Brunswick child custody lawyer.Physical vs. Legal Custody
There are different types of custody, legally speaking, in New Jersey. First is joint legal custody. Every year, statistics show that approximately 98% of cases result in joint legal custody. Joint legal custody means that the parents are equal parents legally and will be involved in all major decisions regarding the child, like a medical situation and decisions about school and religion.
However, a parent may also be awarded sole custody. This is not common at all as it only happens 2% of the time. An example of a case where sole custody was awarded was due to the father of the child was serving 20 years in a federal prison. In that scenario, it would not be fair to the child to consult with the father who was in prison and far removed from the situation. Such custody proceedings can be best handled with the assistance of an East Brunswick child custody attorney.
It is that type of extreme circumstance that sole custody would come into play. This is classified as residential or physical custody. It is who the child lives with a majority of the time.
Under child custody laws in New Jersey, one parent is designated as the parent of primary residents or PPR. The other parent is the parent of alternate residents or the PAR. This is a recent development in New Jersey child custody law, because it matters when there is a true joint physical custodial situation. School districts require that one of the two parents be designated as PPR for the child to attend school.Gender-Neutral Decisions
Regarding joint residential or physical custody, New Jersey is a liberal and gender-neutral state and the laws reflect that. The law understands that both parents can be excellent parents and are essential to the child’s upbringing.
In other states and other parts of the country, the mother has an upper hand. In New Jersey, several cases obtained joint physical custody for the father, because a judge will view the case in a gender-neutral manner.
There have been many situations that benefit the child and allow both parents to have virtually equal parenting time with the child. That is joint physical custody. To understand all types of custody, an individual must consult with a child custody lawyer in East Brunswick immediately.