A third wave of criticism acknowledges that shared parenthood could be an appropriate custody arrangement, but argued that there should be no presumption in family law, as any custody decision is made on the basis of a judge`s assessment of a child`s best interests. [16] Critics also suggest that co-parenting requires more logistical coordination. [17] [19] You would contact the Family Service of the district where the child lives if the child does not live with you. If your child lives outside of New Jersey, the court where the child now lives would usually have jurisdiction, so you`d file your complaint there. Your request (or complaint) would tell the court that you are seeking legal and/or physical custody of your child and why. If you are applying for custody of children during a divorce, you will seek custody in your divorce complaint. Joint custody – This type of custody arrangement is the most common because it allows both parents to actively participate in their child`s life. Typically, one parent with joint custody serves as the primary custodian of the child and the other parent serves as a substitute. In joint custody situations, both parents are responsible for making joint decisions for their children on important issues such as health, education and general well-being. The primary custodial parent is responsible for day-to-day decisions and should consult or notify the non-custodial parent if necessary. The parent in their custody at any given time is expected to make decisions that are in the best interests of the child.

Exclusive legal and physical custody – In this type of NJ custody agreement, a parent serves as a custodial parent. This parent makes all important decisions about the child (health, education and well-being), as well as all day-to-day decisions, without having to consult or notify the non-custodial parent. Sole custody is typically used in cases where one of the parents is considered absent or inappropriate, or in cases where there is a history of child neglect, substance abuse, justified DYFS issues, etc. Sharing legal and physical custody – Many Parents in New Jersey want this joint custody arrangement because it represents a more equitable distribution of parenting time. A typical example would be an alternation of weeks where one parent has one week with the child and the other parent has the next. An alternative could be a schedule where one parent has four days with the child, including overnight stays, while the other parent has three days with the child, including overnight stays. If you believe a child is in danger or could be harmed, you can file an urgent application with the court, which is called a show cause order in the district where the child lives. A judge will see you the same day. However, you must prove that if the judge does not grant you custody immediately, the child will suffer immediate and irreparable harm. Also be aware that even if the judge agrees with you, this order is temporary and you usually have to return to court within 10 days for an extended hearing. If the judge disagrees with them, your claim will be converted into an ordinary custody action, and you will return to court for a decision within about four weeks.

When there is a custody dispute between a parent and a non-parent in New Jersey, the courts favor the parent very much. You will have to prove to the judge that the parent should not be favoured for gross negligence, negligence, inappropriate parents or other extraordinary circumstances, and that it would be in the best interests of the child and that parental rights should be denied if the child lived with you. You will have to prove to the court that not only is it in the best interests of your children to be in your custody, but that they would also have to prove that circumstances have changed significantly since their mother`s custody was granted, which would warrant a change of custody. Unless they are victims of some kind of abuse or neglect, this is a difficult case to prove. Consider extending your parenting time or even sharing legal and physical custody of your children with their mothers. The courts strongly advocate the substantial involvement of both parents in the children`s lives. Other factors considered when determining custody in New Jersey may include (but are not limited to): Parenting plans (also known as child care arrangements) describe how parents will work together to raise their children. No. Your child`s other parent will not be able to change a court order or formal agreement without your permission and contribution. Since you share custody of your child, decisions such as education, religion, medical care, and daycare should be presented and discussed by both of you. Even if you can`t agree on a school or daycare, you`ll eventually have to let the court decide. It`s always best to reach an agreement in these situations, but if you just can`t sit down with your ex and discuss daycare and its repeated delays, you may have no choice but to file a motion to assert your rights in your court order.

Whichever custody option is right for your family, our lawyers will protect your rights and your child`s well-being. Your Secure Future Begins with a Call: (888) 888-0919. Joint custody may relate to the custody of a child (making decisions about the child`s daily life) or the custody of a child. Often this means that the child lives mainly with one of the parents, but often spends time with the other parent or lives with the other parent. Some family law lawyers and state bars have spoken out against a presumption of co-parenting. [31] For example, there was concern that a presumption of joint custody could impede negotiated custody outcomes that are more appropriate for children and that joint custody may be inappropriately imposed on couples who experience unnecessary financial burdens or conflicts as a result. [32] [33] Custody issues can be emotionally challenging, and our custodial lawyers will work with you to identify your needs, help you understand your options, and reduce your anxiety during this process. We provide you with the education, tools and guidance you need to make informed decisions to protect your family`s best interests.

To avoid stress and confusion later, try to think ahead about any potential disagreements in parenthood, and then outline in your plan exactly how you`re going to deal with them. For ideas, see the provisions of the general parenting plan. In New Jersey, child custody is usually handled in one of the many ways you see in other states as well. New Jersey will attempt to accommodate 50/50 custody as much as possible, provided that one of the parents is not considered inappropriate and that the schedule allows for such a distribution. It`s important for the child to have a strong relationship with both parents, which is why New Jersey`s custody laws are put in place this way. Primary custody (or if your child spends most of their time physically) is also known as primary custody. If you and your child`s other parent disagree on who should have primary custody, the court must decide after you file your application with the court to apply for primary custody. The court considers various factors in making this decision, . B which parent lives in the child`s school district, which parent was the primary caregiver of the child, and most importantly, what is in your child`s best interests. If one of the parents is known as the parent of the principal residence, the other parent is usually referred to as the parent of the alternative residence. If you are not eligible for free legal services, your district bar can help you find a lawyer. Your future and that of your children is important.

It`s much less stressful and less expensive to have a lawyer from the beginning and let the custody process run as smoothly as possible than trying to represent yourself in court, getting confused, or getting a court result you don`t like, and then trying to hire a lawyer to: fix it later. If you opt for joint custody, clearly explain the details. You can: A custodial assessor, on the other hand, may be more common in cases that cannot be resolved in mediation. As mentioned above, an investigation may be ordered by the court in cases where the parties cannot agree on custody. In some custody proceedings, children must participate. It is up to the court to decide whether to talk to the children. Some judges will conduct interviews with children in their rooms. If you have only received the letter from your child`s other parent and no legal documents such as an application or complaint they filed or a hearing date in the mail, there is nothing to do at this point. Your custody order will remain in full force and effect unless the family court judge changes it after a hearing.

If you receive documents, you should contact a lawyer. Changing custody is not easy, and your wife must prove that circumstances have changed significantly, which would prompt a judge to change the order now in place. Child custody is a very serious issue. Sometimes parents are able to reach an amicable settlement that puts the child`s needs first, but divorce proceedings are often full of conflict and can benefit from a lawyer. .