New Jersey Visitation Lawyer
One of the most important relationships in a person’s life is the one they have with their child. When going through a custody battle, it can be very hurtful to not obtain the amount of custody you want. If you are concerned about receiving a fair visitation schedule you should be aware of the laws regarding custody in New Jersey.
If you are separating from your spouse or former partner, contact a distinguished divorce attorney to try ensuring that you do not lose any rights as a parent. Sometimes, custody issues can come up when you have never been in a relationship with the other person. In that type of case, you still want to make sure your wants for visitation are fairly represented. A New Jersey visitation lawyer can help explain the law to you and how it applies to your visitation request.Factors in Determining the Best Interest of the Child
Whenever a New Jersey Court must make a decision regarding custody and visitation it will need to go through a lengthy list of factors. These factors help a judge figure out what kind of custody arrangement is in the best interest of the child.
These factors are:
- Capability of the parents to cooperate
- Ability of the parents to follow a custody schedule (unless they are withholding because of actual abuse)
- Relationship between the child and parents and siblings
- Issues of domestic violence
- Issues about physical abuse of the child
- The preference of the child depending on their age
- Needs of the child
- How stable the homes are for both parents
- Quality of education and the continuity of education
- Fitness of each parent
- Nearness of the two homes
- The quality and amount of time spent with the child by each parent before and after the separation
- Work schedule
- Age of the children and how many children are involved
Custody is split into two categories, physical custody and legal custody. Legal custody refers to having the right to make decisions for a child regarding education, health or religion. Physical custody refers to where the child is residing.
One parent can have sole legal and physical custody. In that case, the other parent has no input over major decisions that impact the child. The child primarily lives with one parent and may have visitation with the other parent.
If there is joint legal custody then both parents have a right to make shared decisions about the child such as where they will attend school. It can be very important to have joint legal custody as the parent that has visitation, otherwise your wishes may be ignored when it comes to extremely important choices for your child.
For shared physical custody, the child must spend at least 35% of their time with the other parent. This means that a parent with visitation can have both shared physical and legal custody.How a New Jersey Visitation Lawyer Can Help
If you are considering separating or have never been in a relationship with the other parent, you should speak with a New Jersey visitation lawyer to find out what your chances of custody and visitation are.
An attorney can help you understand which of the best interest of the child factors play in your favor and which ones are weakest for your case. Your lawyer may also be able to work with you to negotiate a custody arrangement with the other parent. Most importantly, your lawyer can provide you with valuable options on how to move forward.