When two adults decide divorce is the only solution, it may or may not be complicated. When they have minor children to consider, it is always complicated. The services of a New Jersey divorce lawyer is required to sort out the laws in that state and come to fair agreement as to custody of the children.
The legal issue of physical custody will determine which parent has the child or children live with him or her. Joint custody, sharing the time in some predetermined segments, is a possible solution. Each parent will have the child or children living under their roof part of 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.
A minor who is over a certain age can often choose which parent to live with. He may at least give his opinion on the matter. But, if there are factors that preclude his doing so, the judge will be the one to decide where he will reside.
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.
They must place the matter into the hands of the attorney hired to handle their divorce. He or she will request a decision on custody agreement. If it can be handled amicably, it will be best for the child. Any conflict requires solid evidence. If one parent accuses the other of being unfit, he or she must prove who is more equipped to take care of the minor child or children.
The legal issue of physical custody will determine which parent has the child or children live with him or her. Joint custody, sharing the time in some predetermined segments, is a possible solution. Each parent will have the child or children living under their roof part of 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.
A minor who is over a certain age can often choose which parent to live with. He may at least give his opinion on the matter. But, if there are factors that preclude his doing so, the judge will be the one to decide where he will reside.
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.
They must place the matter into the hands of the attorney hired to handle their divorce. He or she will request a decision on custody agreement. If it can be handled amicably, it will be best for the child. Any conflict requires solid evidence. If one parent accuses the other of being unfit, he or she must prove who is more equipped to take care of the minor child or children.
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