Answers to Your Questions About Legal Custody
In New Jersey, most parents have joint legal custody. In rare instances, sole legal custody is appropriate. Sole legal custody provides that one parent shall make all the decisions for the benefit of the children regarding health, religion, education and welfare.
Joint legal custody provides parents with an equal voice regarding decisions for the benefit of the children in areas such as:
- Health
- Religion
- Education
- Welfare
What Is Physical Custody?
Physical or residential custody is based upon how much time the children spend at each parent’s home and where the children will live. The courts review a number of factors when making a custody determination.
A few of these factors include:
- Existing parenting arrangements
- Special needs
- Parenting strengths, availability and fitness
- When the children are of appropriate age, the preference of the children
With so much at stake, we at Riordan Family Law, foster open and amicable resolutions regarding custody to reduce the stress and trauma on the family. We understand that an amicable resolution is not always possible. In those instances, we are prepared to utilize our courtroom skills and extensive experience to protect your parental rights.
What is Parenting Time?
Parenting time addresses the amount of time each parent physically spends with the children. At Riordan Family Law, we assist our clients in creating a fair parenting time schedule that is as unique as the family and tailored to meet the family’s needs. A parenting time schedule addresses a regular schedule, holidays, breaks and summer vacation. It is a comprehensive guide for parents while providing the stability of routine that children need.
Post-Judgment Enforcement
One of the most common types of post divorce applications is an enforcement motion. This application is filed when one of the parties fails to follow the divorce or non-dissolution Settlement Agreement or Order. An enforcement application generally requests that the Court hold the violating party in contempt for failure to comply with the Agreement or Order.
The most typical enforcement application filed is in circumstances where the payor refuses to comply with a court ordered child support obligation. The enforcement application seeks immediate payment of the arrears and other sanctions. Another example is found when a parenting time schedule is not followed. At the time of the divorce, both spouses are expected to abide by the terms laid out in a divorce Settlement Agreement or Order.
File an Enforcement Action With Help From Riordan Family Law
When one party violates the terms of a divorce regarding alimony, equitable distribution, child support, child custody, or parenting time, for example, the other party may wish to file an enforcement action. The experienced Morris County child custody attorneys at Riordan Family Law are here to assist you in your enforcement application and to protect your interests. We have found that demanding strict adherence to an Order early in the face of non-compliance will deter the offending party, in many cases, from future violations.
Modifying Child Custody Orders
Many aspects of a divorce Settlement Agreement or Order are subject to post-judgment modification. For example, at the time of the divorce, the parenting plans are created with the belief that the needs of the family will be met by the schedule. Of course after the divorce, the needs of the children and the family may change. When this occurs, a change or modification to the parenting time schedule may be needed.
What is a Cause for Custody Modification?
In order for a modification to be considered, there must be a substantial change in circumstances. Our lawyers have handled numerous modification disputes in Morris County & throughout NJ, and can assertively represent your interests in any motion to modify custody or the parenting time schedule. Similar applications are often sought regarding support as well.
Our attorneys are dedicated professionals who are prepared to protect the interests of your children in matters involving custody and parenting, child support and alimony. We regularly advocate to enforce support, including medical, camp and other contributions. We have defended our clients’ rights to make decisions concerning their children. We also regularly litigate issues surrounding alimony modification or termination, such as cohabitation and other changes in circumstances.
Understanding the Impact of Child Custody on Your Family
Navigating child custody matters can be emotionally challenging, not just for parents but also for children. It's essential to recognize how custody arrangements can affect family dynamics and the well-being of your child. At Riordan Family Law, we prioritize the best interests of your child while working to achieve a fair custody agreement.
Here are some key aspects to consider regarding the impact of child custody:
- Emotional Well-being: Children thrive in stable environments. A thoughtful custody arrangement can provide them with a sense of security and routine.
- Academic Performance: Consistent parenting time and support can significantly influence a child's performance in school, fostering better focus and achievement.
- Social Development: Regular interaction with both parents helps children develop healthy relationships and social skills, aiding their emotional growth.
- Long-term Relationships: A well-structured custody plan encourages ongoing relationships with both parents, which can have lasting benefits into adulthood.
At Riordan Family Law, we understand these dynamics and are committed to helping you create a custody arrangement that not only meets legal requirements but also nurtures your child's development. Let us guide you through this process with compassion and expertise.
Child Custody Removal / Relocation
When a parent wishes to move with the children to another state or country, they must obtain the consent of the other parent. If consent is not granted, the parent must seek a court order permitting the move before they can relocate the children. When custody and parenting time provisions are established, the intent is to allow sufficient parenting time and to foster the relationship between the parents and the children. The removal of a child from the jurisdiction can give rise to serious consequences for the relocating parent, and such action should not be taken without legal advice from an experienced lawyer.
The attorneys at Riordan Family Law understand that the decision of a parent to move with the children to another state or country directly affects these relationships. If a parent attempts to relocate without permission via court order or the consent of the other parent, that parent may face sanctions, loss of their custody rights, or even criminal prosecution. On the other hand, we also recognize that in this increasingly global society, custodial parents often have valid reasons for a proposed relocation.
When is Relocation Allowed?
When deciding whether to permit a move, the courts must consider several factors under New Jersey law. Some of these include:
- New employment
- The distance of the proposed move
- The ability of the other parent to maintain a relationship with the children and maintain parenting time
- Whether the move is detrimental to the children
- The advantages and / or disadvantages for the children in the new location
- Whether the other parent is able to relocate
Call Riordan Family Law Now for a Custody Consultation
If you have the opportunity to move with your children out of New Jersey, or if you are challenging a proposed relocation by the other parent, you need legal advice. These are serious matters that may require discovery, experts, and ultimately a trial. At Riordan Family Law, we are experienced in all types of custody cases. We are prepared advise you of your rights, the potential for success, and discuss avenues to negotiate an agreement that considers and works for the family. If necessary, we can bring the matter to litigation and present your case in the light most favorable to your position. The attorneys at Riordan Family Law can guide you through the process, give crucial legal advice and help you through this challenging issue.
For more information, or to begin with a private consultation, contact our Morris County child custody attorneys at (973) 577-4118 today!
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