Divorce is now a very common occurrence. It can be handled smoothly or it can become complicated. When a couple has minor children, it often becomes difficult. Each partner will require the services of a New Jersey divorce lawyer in that state to interpret the law and agree on custody issues on behalf of the minors.
Child custody is a legal issue and a decision on physical custody determines which parent the minor lives with. In some cases, joint custody is implemented. This means the child or children live with each parent half the time.
If one parent has the children under her roof one-hundred percent of the time, the other parent has visitation rights. He has the children in his home for every other weekend and vacations and holidays, for example. When one is a poor caretaker, he may be required to give up visitation rights.
Under normal circumstances, the minor child over a specific age is allowed to choose which parent to live with. He may at least voice his preference to the judge. In a case where his choice is not in his best interest in the eyes of the judge, his choice will be overruled.
If there has been proof of or an accusation of abuse in any form, an attempt at parental alienation or any other manipulation of the minor, that will play into the decision made by the judge. Some couples allow their hatred of the marital partner to overwhelm their better judgment. This may satisfy the need for revenge, but, is damaging to the child or children.
The attorney may request a dissolution of marriage and custody decision at the same time. If both parents agree on the terms, this can be a smooth transition. If they are not in agreement as to who will be the custodial parent, the attorney will present evidence against the parent being accused of not being fit to care for the child or children. It will then be up to the judge to make a decision on their behalf.
Child custody is a legal issue and a decision on physical custody determines which parent the minor lives with. In some cases, joint custody is implemented. This means the child or children live with each parent half the time.
If one parent has the children under her roof one-hundred percent of the time, the other parent has visitation rights. He has the children in his home for every other weekend and vacations and holidays, for example. When one is a poor caretaker, he may be required to give up visitation rights.
Under normal circumstances, the minor child over a specific age is allowed to choose which parent to live with. He may at least voice his preference to the judge. In a case where his choice is not in his best interest in the eyes of the judge, his choice will be overruled.
If there has been proof of or an accusation of abuse in any form, an attempt at parental alienation or any other manipulation of the minor, that will play into the decision made by the judge. Some couples allow their hatred of the marital partner to overwhelm their better judgment. This may satisfy the need for revenge, but, is damaging to the child or children.
The attorney may request a dissolution of marriage and custody decision at the same time. If both parents agree on the terms, this can be a smooth transition. If they are not in agreement as to who will be the custodial parent, the attorney will present evidence against the parent being accused of not being fit to care for the child or children. It will then be up to the judge to make a decision on their behalf.
About the Author:
Find a review of the advantages you get when you work with a New Jersey divorce lawyer and more information about a reliable attorney at http://www.micklinlawgroup.com now.
No comments:
Post a Comment