Often even when couples realize that their relationship is at an end, they try to hold onto it because of their children. Unfortunately, children are not spared the consequences of a breakup between their parents. Sometimes animosities are passed on from one parent to the children against the other parent. Many studies have shown that children benefit from having a healthy relationship with both parents whether they are in the same home or not. If you are going through a divorce or legal separation, it is natural to be concerned about what will happen to your children, particularly your minor children from the relationship. The child custody lawyers from Nitti & Nitti are here to help.
If you are looking for a child custody attorney in Morris County, call us now at (973) 226-4141 to schedule a meeting with one of our experienced and compassionate attorneys.
In New Jersey, there are two types of cases that result in custody decisions: dissolution and non-dissolution. Dissolution cases are for parents who are in the process of getting a divorce. In these cases, the court will make a determination as to which parent should have primary custody of the children.
Non-dissolution custody cases, on the other hand, are for married parents who aren’t yet sure if they’re going through with a divorce, parents who have never married each other, grandparents, and adult siblings. In these cases, the court will again make a determination as to which individual should have primary custody of the children. It will always look at the best interests of the child when making this decision.
As a matter of public policy, New Jersey assures minor children of frequent and continuing contact with both parents, whether they are separated or divorced. Both parents are encouraged to share the rights and responsibilities of raising their children. For this reason, whether the parents are married, never-married, or divorced, the rights of both parents are equally considered when making any child custody decisions.
In making any decisions about child custody, the best interest of the child(ren) is of the utmost importance. The courts in New Jersey try to encourage parents to come up with their own parenting plan using alternative dispute resolution processes. However, where the parents are unable to reach an agreement, the courts will consider certain factors to make a determination of how to award physical and legal custody to both parents. These factors include, but are not limited to:
In New Jersey, divorcing parents with minor children are required to complete a mandatory parenting class before their divorce can be finalized. The purpose of the class is to help parents learn how to deal with the challenges of co-parenting after divorce. The class covers topics such as communication, conflict resolution, and creating a parenting plan.
It is important to note that the class is not meant to teach parents how to be friends with their ex-partner. Rather, it is designed to help parents learn how to effectively co-parent their children after divorce.
Classes are typically offered by local community organizations or online. There is usually a fee associated with the class, but some scholarships may be available for low-income families. For more information about the mandatory parenting class in New Jersey, please contact your local county court.
If you’re going through a divorce in New Jersey, chances are you’ll be required to participate in court-ordered mediation. Mediation is a process where the parents meet with a neutral third party to try to reach an agreement on various divorce-related issues, such as child custody and visitation, property division, and alimony.
While mediation can be helpful in some cases, it’s not right for every couple. If you and your ex are able to communicate reasonably well and reach agreements on your own, then you may be able to bypass mediation altogether. However, if there are custody or visitation issues that need to be resolved, or if you’re not sure how to divide your property fairly, then mediation may be the best option. Court-ordered mediation can be time-consuming and frustrating, but it’s often the best way to reach an agreement that works for everyone involved.
In cases where substantial evidence proves that a parent’s conduct is detrimental to their child, they may be considered unfit to be the child’s custodian. For example, if a parent is unable to provide their child with basic needs such as food, shelter, and medical care, they may be considered unfit.
Additionally, a parent may be deemed unfit if they are actively involved in substance abuse, have a history of violence or abuse, or are unable to provide a safe and stable home environment. If a parent is found to be unfit, they may lose custody of their child and/or be required to undergo treatment in order to regain custody.
While New Jersey State law aims to give every parent a fair opportunity to be an equal part of their child’s life, the key elements of the judicial process will not be compromised even in child custody cases. A child custody attorney is familiar with all the rules and procedures of the court and can help you prepare your case.
If you are being denied custody of your child or you are trying to limit the other parent’s access to the child, you have to show evidence of any substantial adverse effect on the child. The courts in New Jersey recognize how sensitive and delicate issues of child custody can be, and encourage the introduction of expert witnesses to help them make a decision in the best interest of the child. Your child custody attorney has the resources to get knowledgeable expert witnesses who can make a convincing submission of your interests to the court.
If you need a child custody attorney in Morris County, put the interests of your child in the capable hands of the attorneys at Nitti & Nitti. Call (973) 226-4141 or click here to schedule your free consultation.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
