There are many different complicated issues involved in the dissolution of a marriage in New Jersey. However, parenting time is often one of the most contentious and important for all parties involved. The parenting time stipulates how much time you’ll be able to spend with your children. Both parents will want to schedule a consultation with their own Hackensack family lawyer as soon as possible after making the decision to divorce.
Identifying a Hackensack parenting time attorney as soon as possible can help you navigate this complex process. Both parents are always eligible to resolve their own parenting time agreements through mediation. If parenting time or custody are disputed, however, then the discretion to determine parenting time is transitioned to the judge presiding over the case.
The legal standard to evaluate custody determinations in New Jersey is the best interests of the child. The court can evaluate many different factors in determining what is the best interest of the child for parenting time.
This includes the parent’s relationship with one another and their ability to cooperate, the child’s relationship with his or her siblings and the parents, any instances of domestic violence, the ability of each parent to provide for the child, how much time each parent has already spent with the children and the child’s preferences and needs.
There are two critical aspects to custody in New Jersey. The first is legal custody, which refers to a parents’ right to make decisions concerning the child like education, medical treatment, and religious issues. In many cases, parents will maintain joint legal custody and share and split the decision-making responsibilities. Physical custody refers to where the child actually lives. If parents share joint physical custody, they will spend time with each parent for a certain period of time over the year. The individual who spends the most time with the children is the parent is the primary resident. Child custody arrangements will vary significantly based on the particular experiences of each parent and the needs of the children. Identifying a Hackensack parenting time attorney at the outset of your case can help you clarify these critical issues.