Custody refers to all important decisions affecting the children – school, health, religious education, social commitment, etc.
When two people get divorced, it’s because they don’t want to be together anymore. Maybe they didn’t love each other anymore or maybe they found someone else. That’s how adults see things, but what about the children born of that failed marriage? When there is no history of domestic violence or abuse, the children still want to be with their parents. Both.
If you’re getting a divorce in the state of New Jersey, that’s how the judge will see things. The best interests of children require that they have an ongoing and meaningful relationship with both parents. As a divorcing couple, you have two choices – let the judge decide, or reach an agreement with your ex by enlisting the mediation services of experienced New Jersey child custody attorneys.
Lawyers are often asked if New Jersey is a mother state and if the mother can get full custody of the children. If you look at the law, it says very clearly that both parents have equal rights when it comes to custody of their children. Wherever possible, a judge will try to award joint custody so that both parents can spend equal time with the children and remain involved in the children’s lives.
If the children are young, the judge will be more inclined to award custody of the children to the mother. That’s not to say men can’t provide the same level of care and affection, but it’s usually the mother who takes care of meals, bathes children, or puts them to bed. It is in the children’s interest that they continue to do so.
But even if the mother is the primary custodian, the judge grants the father full visitation rights, or legal parental leave.
If the parents can find an appropriate custody arrangement, you can get your Newark custody attorneys to bring this into the parenting plan. If no agreement can be reached, the judge will likely order an inquiry, usually conducted by the family department, and base their decision on their findings. Be aware that you may not like the judge’s decision, but it will be mandatory.
Photo by Zach Vessels on Unsplash
There is also the question of who will have custody of the children. When it is fairly common for one parent to get sole custody, judges in legal matters tend to favor joint custody. Custody refers to all important decisions affecting the children – school, health, religious education, community involvement, etc. If the parents have joint custody, they can both have a say in the lives of their children.
Experienced child custody attorneys can help you negotiate an agreement and include it in a legal document. The parenting plan must be submitted to the judge for approval, but this is usually a mere formality. Once the custody issue has been resolved, you can complete the divorce.
However, if you have strong reasons for wanting to limit the other parent’s involvement in the children’s lives, experienced divorce lawyers will help you collect all the necessary evidence and present it to the court.
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