06 Dec Child Custody. Some Of The Basics You Should Know.
New Jersey Child Custody
Your New Jersey child custody will be settled in one of two ways: by a written agreement between you and your spouse, or by a court order. If there is no controlling document in place, your spouse could easily change the agreement by moving the child residence. A child is vulnerable to disruption and an unpredictable lifestyle if not some sort of written agreement in regards to child custody is not in place.
Let it be understood, in many states each parent has equal rights to the physical possession of a child in a marriage. Therefore, taking the children and relocating them, without the benefit of a written agreement prohibiting this, is not considered abduction, unless it is to evade the court system.
In most divorces, child custody usually does not become an issue. More often than not, one parent has always been the primary caregiver and it remains so. A written document governing custody will usually specify “joint” or “sole” custody.
Writing A Child Custody Agreement
When you begin to write up your agreement, bear in mind that the terms “sole” and “joint” custody may have no special meaning. The document has to be specific about decision-making and that is what will have to be followed legally.
Should a child custody case be put in front of a judge, his decision will solely be based on the best interests of the child. There are many factors a judge will take into consideration and many are fairly straightforward. Some factors considered are the mental and physical well being, or lack thereof, of each parent’s caretaking abilities, the role thus far that the parent has taken in caring for the child, the age of the child, the relationship the child has with each parent, the environment that the parent can create for the child…the list goes on. The factors may well include the child’s preference about where they wish to live. However, the determining factor will always be what’s in the best interest of the child.
Enforcing a Child Custody Agreement
Should it become necessary for you to litigate custody, the very best and most important allies in court will be the people who have watched you interact with your child. Most helpful will be those who have observed interaction in recent situations, or over a long period of time and also instances where the two of you have talked about your child.
Occasionally, one or both parents independently hire a mental health expert to bolster their side in the custody battle. The decision to hire an expert should be made at the advice of your attorney. Doing so could possibly lead to a large expense without enhancing the outcome.
Child Custody Consultation with Attorney Jeffrey M. Bloom
Do you have child custody questions? The Law Offices of Jeffrey M. Bloom will gladly answer your questions and guide you through these confusing and sometimes frustrating waters. If you are seeking qualified and experienced family law attorneys, contact us for an appointment – (855) 208-3650.