Top Questions Regarding Divorce and Child Custody in New Jersey
Going through a divorce is a difficult and emotional process, especially when children are involved. In New Jersey, child custody is determined based on the best interests of the child. As a result, there are many questions that arise during the divorce process regarding child custody. Here are some of the top questions regarding divorce and child custody in New Jersey:
1: What factors are considered when determining child custody in New Jersey?
Custody is determined based on the best interests of the child. When determining child custody in New Jersey, the court considers various factors, such as the child’s relationship with each parent, the ability of each parent to provide for the child’s physical, emotional, and developmental needs, the child’s preference if they are of a certain age, any history of abuse or neglect, and the stability of each parent’s home environment.
2: Can a child choose which parent they want to live with?
While a child’s preference is taken into consideration, it is not the only factor in determining child custody in New Jersey. If the child is of a certain age and maturity, their preference may be given more weight, but ultimately the court will make a decision based on the best interests of the child.
3: What is the difference between legal custody and physical custody?
Legal custody refers to the right to make decisions about a child’s upbringing, such as their education, healthcare, and religious practices. Physical custody refers to where the child will reside, who will have physical care of them, and who they will spend their time with.
4: Can grandparents or other relatives get custody of a child?
In some cases, grandparents or other relatives may be able to get custody of a child if it is in the best interests of the child. However, they would have to demonstrate to the court that they are better able to provide for the child’s needs than either of the child’s parents.
5: What happens if one parent violates a custody agreement?
If one parent violates a custody agreement, the other parent can file a motion with the court to enforce the agreement. The court can also modify the custody agreement if it is in the best interests of the child.
6: Can custody arrangements be modified after the divorce is final?
Yes, custody arrangements can be modified if there is a significant change in circumstances. For example, if one parent moves out of state, loses their job, becomes unable to care for the child, or if the child’s needs have changed, the custody arrangement may need to be modified.
7: What is a parenting plan?
A parenting plan is a written agreement between the parents that outlines the custody and visitation arrangements for their child. It can include details such as the days and times that each parent will have custody, how holidays and vacations will be divided, and how major decisions will be made for the child.
8: What if my spouse and I can’t agree on custody arrangements?
If you and your spouse cannot agree on custody arrangements, the court will make a decision based on the best interests of the child. In some cases, the court may appoint a guardian ad litem or parenting coordinator to assist with the decision-making process.
Contact Lois Garber Schwartz, Esq. Today to Schedule a Consultation for Your Family Law, Children and Parenting Issues
Navigating the divorce process and child custody issues can be overwhelming and emotional. It is important to have an experienced family law attorney who can guide you through the process and advocate for your rights and the best interests of your child.
If you are going through a divorce and have questions regarding child custody in New Jersey, contact Lois Garber Schwartz, Esq. With over 30 years of experience in family law, she is dedicated to helping her clients achieve the best possible outcome in their family law matters. Call (856) 375-8989 today or contact the firm online to schedule a confidential consultation.