Comprehensive Help For Family Law Issues Involving Children
Issues involving children are often the most contentious aspect of any family law proceeding. At the law firm of Laemers, Murphy & Neggia, LLC, our attorneys understand that you want to do what is best for your children. That is why we work closely with you to help you identify your goals and to find the most realistic path forward to help achieve your desires, keeping the best interests of your children in mind first and foremost at every turn.
Child Custody And Parenting Time Determinations
There are two types of child custody: legal custody and physical custody. Legal custody refers to the right of a parent to make major decisions on behalf of a child, such as choice of school, health care decisions and religious upbringing. Physical custody refers to where the child will be living for the majority of the time. Legal custody may be granted to one or both parents, while physical custody is typically given to one parent. The parent who is not awarded physical custody will likely be awarded some form of parenting time, also referred to as visitation.
Parents are encouraged to resolve these matters on their own. New Jersey provides free custody mediation services for parents who are going through divorce litigation. If parents are unable to reach an agreement, the court will have to make these determinations for the parents. The court will apply numerous factors to reach a decision, with the child’s best interests being the primary factor.
Interstate Child Custody Issues
Following a divorce, parents may no longer reside close to one another. If a parent chooses to move out of state after a custody agreement has been reached, it is necessary to seek a modification to the custody order. Our lawyers can help assert your interests whether you are seeking a change or wish to challenge the underlying reason for a modification request.
Child Support Determinations
Child support may be decided as part of a divorce proceeding or for unmarried parents who are no longer in a relationship together. New Jersey provides guidelines to help you determine how much financial support you can expect to pay or how much you may expect to receive. However, deviations from these guidelines are always a possibility, depending on your situation. Support orders may be modified if one party experiences a substantial change in the circumstances of their life.
Frequently Asked Questions Involving Children In Family Law
It is critically important to be as informed as possible whenever you have a family legal situation that involves children. Here are the answers to some common concerns:
What is the difference between legal custody and physical custody?
Physical custody means a parent is responsible for caring for their child’s daily care and living arrangements. Parents who share joint physical custody are responsible for maintaining a set custody schedule. If a parent has sole physical custody, they are entirely responsible for their child’s daily care, although the other parent may still have some limited visitation.
Legal custody refers to each parent’s right to decide how their child is raised, including issues related to their education and health care. Parents who share legal custody make joint agreements to decide what is best for their child’s upbringing. A parent who has sole legal custody is entirely responsible for making decisions about their child’s upbringing.
Our attorneys at Laemers, Murphy & Neggia, LLC, can help parents understand more about legal custody and physical custody and how various agreements or court orders impact their parental rights.
What is a parenting time schedule, and how is it determined?
A parenting time schedule arranges how much time children spend with each parent. It involves a detailed plan that outlines physical custody of the child on weekdays, weekends, vacations and holidays.
Ideally, the parents will work together to come to a mutually agreeable parenting time schedule on their own. If so, the court will usually accept the plan and make it an order. When mutual agreement is not possible, the court will make the decision based on the best interests of the child above all – not the preferences of the parents. Typically, court-determined parenting plans are less flexible and less satisfying than an agreement by mutual consent.
How does a judge determine the best interests of the child?
The best interests of a child refer to factors that impact their well-being, safety, education and health care. Some of the most common factors that can impact a child’s best interests include:
- Each parent’s income and ability to provide for their child’s needs
- The safety of a child at home, around family and in a neighborhood
- The mental and physical health of both parents and the child
- A parent’s criminal history or history of abuse or abandonment
Parents can present evidence during a child custody hearing to prove to a judge that they have the best interests of their child.
Contact Our Attorneys For Help Resolving Child-Related Issues
We help parents with all family law issues concerning their children. To learn more, call us at 973-383-7600 or contact us online. Located in Newton, we represent clients throughout Sussex County and surrounding areas.