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.
When one parent has full physical custody, the other parent is awarded reasonable visitation rights. This is most often every other weekend and a portion of time during holidays and summer vacations. If one parent is judged to be a poor caretaker, it may obstruct the legal right to custody and visitation.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
In some cases there may be abuse or an accusation of abuse. Some parents attempt to alienate the affections of the child and turn him against the other parent. When a couple allows their need for revenge to prevail, the judge will be required to make a logical decision. Good parents will try to do what is best for their child.
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.
When one parent has full physical custody, the other parent is awarded reasonable visitation rights. This is most often every other weekend and a portion of time during holidays and summer vacations. If one parent is judged to be a poor caretaker, it may obstruct the legal right to custody and visitation.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
In some cases there may be abuse or an accusation of abuse. Some parents attempt to alienate the affections of the child and turn him against the other parent. When a couple allows their need for revenge to prevail, the judge will be required to make a logical decision. Good parents will try to do what is best for their child.
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.
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