Custody & Parenting Time

Thinking About Shared Residential Custody

Posted by on Feb 8, 2017 in Blog, Custody & Parenting Time | 0 comments

Thinking About Shared Residential Custody

Thinking About Shared Residential Custody Five years ago if you were to ask someone to identify a standard/typical custody arrangement between divorced parents, they would most likely say that the parents were sharing joint legal custody (i.e. decision making) but that one parent had the majority of the time with the child (the parent of primary residence). The other parent had a parenting time schedule which could have been alternating weekends or what have you. What the court has seen over the past few years is that more and more parents are seeking both joint legal and joint residential...

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LOOKING AGAIN AT “GRANDPARENTS RIGHTS”

Posted by on Feb 3, 2016 in Blog, Custody & Parenting Time | 0 comments

LOOKING AGAIN AT “GRANDPARENTS RIGHTS”

LOOKING AGAIN AT "GRANDPARENTS RIGHTS" The New Jersey Supreme Court recently looked at the issue of grandparent visitation in the case of Major v. Maguire. The case re-affirms the task of the trial court in these fact sensitive cases. By way of brief history, New Jersey statute N.J.S.A 2:9-7.1 addresses a grandparent’s ability to have visitation with their grandchildren over the objection of the biological parent(s). In 2000, the United States Supreme Court, in the case of Troxel v. Granville, struck down Washington state’s broad grandparent rights statute. In response,...

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It is “Official”- a Child May Call their Stepparent Mom or Dad

Posted by on Dec 22, 2015 in Blog, Custody & Parenting Time | 0 comments

It is “Official”- a Child May Call their Stepparent Mom or Dad

It is "Official"- a Child May Call their Stepparent Mom or Dad In many cases conflict arises when divorced parents with children start dating. Specifically, there are often disputes when one parent seeks to dictate when their ex-spouse can introduce their significant other to the children or have the children around the significant other. Some ex-spouses have sought to control the children’s use of a particular name for this person. According to Ocean County Judge Jones in a recent unpublished opinion, B.S. v. T.S., a child of divorced parents may in fact choose to call a...

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Divorce Myth #2 – The Non Custodial Parent Only Gets Alternating Weekends

Posted by on Mar 7, 2015 in Blog, Custody & Parenting Time, Top Ten Divorce Myths | 0 comments

Divorce Myth #2 – The Non Custodial Parent Only Gets Alternating Weekends

Divorce Myth #2* – The Non Custodial Parent Only Gets Alternating Weekends There is a common perception that the parent who does not have primary residential custody is limited to only seeing the children on alternating weekends. The reality is that there are no set rules concerning specific parenting time schedules. Some parties agree to not establish a specific schedule. Instead, the non custodial parent would see the children by way of changing mutual agreement. On the other end of the spectrum, some parents micro manage the schedule down to each hour of each day. And, there are...

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Divorce Myth #1 – Mom Always Gets Custody of the Children

Posted by on Mar 7, 2015 in Blog, Custody & Parenting Time, Top Ten Divorce Myths | 0 comments

Divorce Myth #1 –  Mom Always Gets Custody of the Children

Divorce Myth #1* –  Mom Always Gets Custody of the Children There is a common perception that regardless of the circumstances that Mom will always be awarded custody of the children. In reality, the Court is gender neutral and there is no law that states that the mother is automatically awarded custody. It is well settled that the primary consideration in an award of custody is the best interest of the child. Each case is to be decided on its own merits and the Court must take into consideration a number of statutory factors which are listed in N.J.S.A. 9:2-4. They include: (1)...

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What is the Children’s Bill of Rights?

Posted by on Feb 6, 2013 in Blog, Custody & Parenting Time | 0 comments

What is the Children’s Bill of Rights?

What is the Children’s Bill of Rights?   In an effort to assist parents with making good choices regarding what should and should not be done concerning children going through a separation or divorce, the Court has created a document known as the Children’s Bill of Rights.  It reads as follows:     The right not to be asked to “choose sides” or be put in a situation where I would have to   take sides between my parents. The right to be treated as a person and not as a pawn, possession or a negotiating chip. The right to freely and privately...

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