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For many issues pertaining to child custody in New Jersey it is difficult to find straightforward answers to legal questions. When asking what are assumed to be easy questions, clients often hear from attorneys that “it depends on the circumstances of the case.” Attorneys give this answer not because the attorney does not know the answer, or because they are trying to put their client off, but rather because the way the law is written there is rarely an easy answer. Child custody laws, for example, often give judges guidelines for determining child custody issues, but they often allow the judge discretion to determine what is the best interest of the parties involved. It is rare when there are clear-cut answers to questions about child custody without knowing all of the facts of the case. In the case of child custody and religion, however, we have a very clear answer to the question of who determines the religion of a child.

NEW JERSEY CASE LAW ON RELIGIOUS UPBRINGING

New Jersey case law makes it clear that the child’s primary caretaker has the power to decide on the religion of the child. Also called the Parent of Primary Residence, this is the parent who spends more than 50% of time with the child. Even in cases where the parents have joint custody, the primary caretaker still has the power to make religious decisions for the child. The religion that the parents raised the child with before the divorce is irrelevant in the eyes of the courts; the sole power lies with the primary caretaker. Continue Reading →

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Parenting time, historically widely known as visitation, permits a noncustodial parent and a minor child the ability to maintain a meaningful relationship. When custody is established in a divorce or paternity case, a parenting time schedule usually is established for the noncustodial parent.

Unfortunately, there are instances when an issue can arise in regard to parenting time or visitation. One such problem is a noncustodial parenting arriving to pick up a child for parenting time who apparently is intoxicated.

Deescalate the Situation

The first step to take when a person arrives for parenting time intoxicated is to try to deescalate the situation. At the very least, a solid effort should be made to avoid inflaming the emotions of the parent who appears to be intoxicated.

Discuss Away from the Child

If at all possible, the state of affairs should be discussed away from the child. Addressing a parent’s intoxication in front of a child benefits no one and can actually be harmful to the child. The focus must always be kept on what is in the best interests of the child. Continue Reading →

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One of the first steps a court takes following the commencement of divorce proceedings is to issue what are known as temporary orders. Included in the temporary orders issued at the start of a divorce case is an order addressing the matter of child custody. A temporary child custody order designates which parent will have primary custody during the pendency of the divorce proceedings themselves.

Motion for Temporary Custody

The process of establishing temporary custody of a minor child during divorce proceedings begins with the preparation and filing of a motion for temporary custody. Typically, an attorney is hired to prepare this motion, along with the other documents that are filed at the start of divorce proceedings.

Some individuals do proceed with divorce cases without legal representation. In such instances, most courts in the United States maintain standard forms for divorce cases, including templates for a motion for temporary custody. Continue Reading →

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One New Jersey Superior Court judge has decided that a child may decide whether to call a step-parent “Mom” or “Dad” or any derivative thereof. In a very lengthy decision in B.S. v. T.S.,  Ocean County  Judge Lawrence Jones held that the 8 year-old boy involved is mature enough to make his own decision as to what he calls his father’s live-in girlfriend, contrary to the position of the biological Mother.

Upheaval of Divorce and Grant of Power to Child

The court determined that the child’s parents’ divorce had caused enough upheaval in his life, over which he had no control whatsoever. Therefore, the court gives the child control over what he decides to call his Dad’s live-in girlfriend. The Father is engaged to the live-in girlfriend with whom the child has a very positive relationship, the trauma suffered by the child throughout the divorce and subsequent court involvement concerning the child, the fact that the girlfriend’s three children living in the boy’s household and the girlfriend’s past teaching experience all seem to come into play in the Court’s granting the child the power to make his own decision as to what to call this woman. There is no way to tell if any or all of these factors will play a part in future determinations on the issue.

The impression provided by this decision is that the parents are and were too often in court, unable to work out things without on their own. The child may well have been put him in the middle of it all. This parental behavior may well have played a role in the final determination by the court. The court made clear the positive nature of the relationship between the child, both parents and the girlfriend, expressed by the child, avoiding any impression that this decision was based upon anything lacking in the biological mother.  Continue Reading →

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A number of factors will affect the award of child custody in New Jersey case, including some obvious factors like the fitness of the parents, the needs of the child, and the relationship of the parents with the child. In addition, a less considered but no less important factor that a court will consider is any history of domestic violence in the family. To best understand how domestic violence affects child custody, we must first understand what domestic violence is and how child custody is awarded before we can put the two pieces together.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence is the commission of a certain underlying act on another by a person who has a close relationship with that other person. The close relationship may be between spouses, former spouses, boyfriends and girlfriends, or some other family members. The acts that constitute domestic violence include, but are not limited to, assault, harassment, stalking, and homicide. Continue Reading →

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Child custody laws are established on a state-by-state basis. With that noted, there is a tremendous amount of commonality in child custody statutes from one jurisdiction in the United States to another.

One element common in child custody statutes is the standard to be applied by a court when making a custody determination. The guideline utilized in all states is known as the best interests of the child standard.

Legal Overview of the Best Interests of the Child Standard

The best interests of the child standard focuses on the needs of the minor and not the objectives of the parents. The court is called upon to consider a wide range of factors on a case-by-case basis to ascertain what custodial arrangement will best meet the needs of the minor child. Continue Reading →

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When the typical individual thinks of child custody, he or she oftentimes references custodial and noncustodial parent. In fact, there exist some other types of custodial arrangements that can be agreed to or ordered by the court in divorce proceedings. One alternate type of arrangement is a scheme that commonly is referred to as “bird’s nest custody.”

Although not available in all jurisdictions in the United States, and not widely utilized where permitted, there exist some benefits associated with bird’s nest custody. A parent involved in a divorce case is wise to consider different custodial arrangements for a minor child, including bird’s nest custody.

Basic Elements of Bird’s Nest Custody

Under traditional child custody arrangements, the minor child typically spends time in the residences of both parents. Usually, one home is the primary residence of the child and the other home is where a parent and minor enjoy parenting time or visitation together. Continue Reading →

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When Mel Gibson divorced in 2006, it reportedly cost him a walloping $425 million because he didn’t have a prenuptial agreement. You may know of someone who suffered a similar fate — although he or she may have parted with a lot less money – but maybe that person had more income or held more assets than you. Creating and signing a prenup may seem like an unnecessary task, particularly when you’re in the middle of making wedding plans, if you don’t feel that you have a lot to protect. In fact, there are more reasons to sign a prenuptial agreement than there are not to.

Let’s begin with property and debts. Regardless of how much or how little you earn or owe, courts take the position that anything acquired during marriage is marital property. If you divorce, each of you are entitled to roughly half his property, and you may find that you’re assigned responsibility for half the debts as well. But what if your spouse doesn’t work and you purchased all those assets? What if she has a bit of a spending problem and she ran up a lot of that debt on purchases you got no enjoyment from or use of? You can establish your own rules for how you’ll deal with situations like these in a prenuptial agreement. You don’t have to trust your financial life to a judge who doesn’t know you and who just wants to rule on your situation in a way that conforms to state law. A prenup allows you to set your own terms. In most cases, prenuptial agreements trump state law. Provided that the court upholds and honors your agreement, your property is dealt according to the terms contained in the agreement, even if the law provides otherwise. Continue Reading →

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A question divorce attorneys are often asked is whether their former spouse will have to pay for their legal fees. The reasons why a client may ask this range from the client being of a lower income level than the former spouse and simply needing assistance paying their legal fees, to a contentious divorce case where there are allegations of misconduct against the former spouse that lead to the legal fees in the first place. In both instances the award of legal fees are possible.

DIFFERENT FINANCIAL POSITIONS OF THE FORMER SPOUSES

In some instances the court may require one former spouse to pay the legal fees for the other spouse. The payment of the opposing party’s legal fees may be awarded if one spouse has a low income and the other spouse has a high income. As you may imagine, this scenario is common when one spouse worked outside the home and the other took care of the home or children during the marriage. In those cases, the lower-earning spouse may be unable to pay his or her legal fees. Continue Reading →

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My Divorce Was Just Finalized, What Is The Most Important Thing I Do Next?

One of the best things you can do after your divorce is finalized is to read through your divorce judgment and property settlement. You want to make sure that you understand what these documents say, and that they reflect your understanding of what the outcome of the divorce would be. If you find any omissions, errors, or have questions about what anything in these documents means, you should ask your attorney for help.

Do I Need To Do With My Bank Accounts?

By the time your divorce is final you have likely closed your joint bank accounts. If any remain open, you should contact the bank and instruct them to divide the account according to the terms of your divorce judgment.

How Do I Handle Joint Credit Card Accounts?

If a card does not have balance, simply close the account. If the card has a balance, it has probably been assigned to one spouse in the divorce settlement. If your former spouse has to pay the debt, it is important that you stay up to date on whether or not the payments are being made, because if your ex does not pay on time, it will affect your credit as well as his or hers. Continue Reading →

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