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Well, it depends. The child custody lawyers at our New Jersey based law firm understand that both parents have a fundamental right to have visitation (a/k/a parenting time) with their child. Having said that, the focus of our attorneys and the judges of New Jersey Family Courts is always on the best interest of the child.
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We have a motto at my New Jersey based law firm: Kids First. As the lawyers at my office only handle divorce and child custody matters, we embrace that titles and roles in divorced or non-intact families are often a breeding ground for conflict after a divorce is finalized or a couple breaks up. When one parent moves on and remarries, the other biological parent often feels uncomfortable with the child’s relationship with his/her stepparent. Even if the relationship between the step-parent and the child is a positive one, the biological parent may take issue with the same and conflicts often arise. Divorce and child custody attorneys understand that two common conflicts arise in a step-parent/ child relationship is the child calling the stepparent mom or dad in addition to the stepparent’s role in raising the child. His is certainly not only true in New Jersey, but nation wide as well.
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In the following case involved custody of a young child named Mary here in New Jersey. I have been the attorney for the defendant for many, many years as this child custody case sadly went on for years. Moreover, this particular case would be a challenge for the most seasoned attorney. When I came into the case, a final restraining order had already been established. Consistent with New Jersey law, the restraining order addressed custody of the minor child, Mary. At that time, a Custody Neutral Assessment (CNA) was court ordered as well. One myself and the other lawyer received the results of the CNA, we were able to use the CNA as the framework of a global settlement regarding both custody and parenting time with respect to this little girl. Following is the type of language that would be placed into a Consent Order in such a case. For obvious reason, I have radically changed the names and facts of this case.
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The Uniform Child Custody Jurisdiction and Enforcement Act, more commonly known as the UCCJEA, has been around since 1997. It was adopted by forty-nine of the states, D.C., Guam, and the U.S. Virgin Islands. New Jersey, however, did not adopt its version of the UCCJEA until 2004. It replaced an older act, known as the Uniform Child Custody Jurisdiction Act, which was first put into effect in 1979 to assuage jurisdictional custody disputes. As I discussed in my piece “The Uniform Child Custody Jurisdiction and Enforcement Act and The Parental Kidnapping Preventing Act”, the main purposes of the UCCJEA are to prevent forum shopping, avoid interstate custody disputes, and encourage cooperation among the states. While the UCCJEA is effective at meeting its objectives, analyzing the issue of jurisdiction can be a very complicated one. The most recent New Jersey Appellate Division’s decision in S.B. v. G.M.B.illustrates just that. Let’s explore.
Over the past few decades as a New Jersey Family attorney, substance abuse frequently comes into play as I handle a New Jersey child custody case. Now as a general rule alleged marijuana usage on the part of a parent was not something I thought would play a major role in the ultimate outcome. An exception of this rule of thumb would be using marijuana in the presence of the minor children. Another would be a parent’s failure to safeguard that a minor child would accidentally find their parent’s “stash.” Of course, as a New Jersey child custody lawyer, I am aware that the playing field has now changed thanks to the legalization of medical marijuana in New Jersey. Let’s explore further.
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In my vast experience practicing as a divorce and family law attorney here in New Jersey, I have watched the law develop consistent with changes in our culture. Today we shall discuss the issue of one parent having their new “significant other” in the presence of the children.
The first significant case in this regard, DeVita v. DeVita, dates back to the 1970s. This case upheld a term in the parents’ divorce settlement that the father’s new girlfriend could not spend the night while he had parenting time with his children based upon unproven worries about the “moral welfare” of the children. It is important to note that, at that time, the divorce rate was significantly less than today. Therefore, the Court’s decision reflected our society’s “norms and mores” of that generation.
