One of the biggest decisions you will make when you and your spouse decide to file for divorce is regarding your children. You will need to decide who the children will live with, who will take the children on vacation, who will pick up the children from school, and who will make important day-to-day decisions about their lives. While this can seem overwhelming, especially when you have property division, court dates, and personal emotional concerns during this time, there are ways to come to reasonable resolutions regarding custody and parenting time arrangements that will help to ensure your children are not swept up into the middle of divorce, and provide them with much needed stability during an understandably stressful time. Courts favor custody and parenting time arrangements where both parents can maintain a reasonably active role in the child’s life, and coming to an agreement about the terms of this division of time requires an experienced Central New Jersey divorce attorney to help guide you through this seemingly overwhelming process.
Types of Custody
People generally think of custody in terms of “joint” or “sole,” but there is much more to it than that in New Jersey. Child custody deals with two separate components that are often confused: Legal custody, and physical custody.
Legal custody deals with which parent gets to make important decisions for the children, such as those involving health, education, and religious upbringing. Physical custody, simply deals with how the parents divide up their time with the children.
In New Jersey, it is very common for both parents to share legal and physical custody, though the extent of one’s parenting time can vary from case to case. Similarly, it is also very common for parents to share holidays, other special occasions and vacation time. Nevertheless, parents are free to agree on any arrangement that best suits their needs and the children’s needs.
Sole custody, where only one of the parents gets to make important decisions on behalf of the children, is generally not favored. Similarly, preventing one parent from having any parenting time is also generally not favored, absent significant concerns regarding the health, safety and welfare of the children.
In many cases, the parties are able to agree on a mutually acceptable custody and parenting time arrangement. Given the parties’ familiarity with their needs and their children’s needs, this is generally the favored outcome. Fortunately, if not, most counties in New Jersey provide free parenting time mediation through the courts. In the event the parties are still unable to resolve custody and parenting time disputes, they will have to retain an expert to be paid by the parties to provide an evaluation as to the best interests of the children regarding custody and parenting time. This can be a very expensive and time-consuming process, but may be the only alternative where the parties simply cannot agree on a custody and parenting time arrangement.
Finally, modifying custody arrangements after they are established can be challenging, but is not impossible. Generally, the party seeking to modify the arrangement must demonstrate that there has been a change of circumstances warranting a modification, and that such change impacts the best interests of the children.
Custody and Parenting Time Considerations
As in every state, the consideration that determines which parent will have rights to physical and legal custody of the child is whatever is the best interest of the child. The “best interests of the child” approach is a legal determination made by a court that examines, among other things, the desires of the parents and children, the financial, mental, and physical status of each party, the safety of the child, and the maturity of the child, among other contributing factors that the court deems relevant. The best interests of the child are considered by the court and arrangements will be made in accordance with the court’s findings, along with input and consideration from the parties.
Central New Jersey Child Custody Attorney
If you are considering divorce and you have children, it is critical to understand your legal rights and responsibilities before beginning the process. While divorce, of course, will have a lasting impact on your family’s life, your children should always be at the forefront of your considerations and a knowledgeable family law attorney can significantly help you navigate the process. Contact The Law Office of Steven M. Cytryn, LLC in Central New Jersey today to learn more about your legal options when filing for divorce with children.
