In my experience as a New Jersey Divorce Attorney dictates that less than 5% of New Jersey Child Custody cases result in sole custody. In fact, an award of sole custody to one parent is so rare that it is a topic that is rarely even explored in much detail when I am meeting with a New Jersey divorce client. Simply put, joint legal custody essential means that you both parents are “equal” as to major decisions regarding the children. These include, but are not limited to, major medical decisions, religion, and education (such as the collection of college). Each parent has equal access to the child’s medical and academic records. When co-parenting is going smoothly, rarely do problems arise. However, when co-parenting is not going well, even the most basic decisions become huge dilemma. Then a New Jersey Family Lawyer must get involved to protect the children. Let’s explore.
While awarding joint legal custody seems like a go-to for the courts in many instances where custody is contested, it does have its pitfalls as well. That is why it is so important to recognize the benefits and drawbacks to awarding joint legal custody. Although the children are guaranteed to have a relationship with both parents, what some do not realize is that the children may also become victims in cases where parents are split on basic issues. After the court decided the landmark case of Beck v. Beck, 86 N.J.480 (1981), a slew of consequences immediately followed. As more and more joint legal custody awards were being granted, there was also an increase in the amount of disputes between divorcing parenting regarding issues like their child’s healthcare, religion, and name changes. Let’s explore.
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