Divorce is now a very common occurrence. It can be handled smoothly or it can become complicated. When a couple has minor children, it often becomes difficult. Each partner will require the services of a New Jersey divorce lawyer in that state to interpret the law and agree on custody issues on behalf of the minors.
The legal issue of physical custody will determine which parent has the child or children live with him or her. Joint custody, sharing the time in some predetermined segments, is a possible solution. Each parent will have the child or children living under their roof part of the time.
Unless there is a legal obstruction to visitation rights, the non-custodial parent will get them. Often this means every other weekend and vacations. When one parent is adjudged unfit, they can be denied or allowed under supervision of an adult named by the court.
A minor who is over a certain age can often choose which parent to live with. He may at least give his opinion on the matter. But, if there are factors that preclude his doing so, the judge will be the one to decide where he will reside.
In some cases there may be abuse or an accusation of abuse. Some parents attempt to alienate the affections of the child and turn him against the other parent. When a couple allows their need for revenge to prevail, the judge will be required to make a logical decision. Good parents will try to do what is best for their child.
An attorney who is handling a divorce may request a custody decision at the same time. This functions well if both parents are in agreement as to who is the custodial parent or if custody is to be shared, for example. When there is a conflict of interest, evidence must be presented to the court by each attorney, to prove who is more fit to care for the minor child or children in question.
The legal issue of physical custody will determine which parent has the child or children live with him or her. Joint custody, sharing the time in some predetermined segments, is a possible solution. Each parent will have the child or children living under their roof part of the time.
Unless there is a legal obstruction to visitation rights, the non-custodial parent will get them. Often this means every other weekend and vacations. When one parent is adjudged unfit, they can be denied or allowed under supervision of an adult named by the court.
A minor who is over a certain age can often choose which parent to live with. He may at least give his opinion on the matter. But, if there are factors that preclude his doing so, the judge will be the one to decide where he will reside.
In some cases there may be abuse or an accusation of abuse. Some parents attempt to alienate the affections of the child and turn him against the other parent. When a couple allows their need for revenge to prevail, the judge will be required to make a logical decision. Good parents will try to do what is best for their child.
An attorney who is handling a divorce may request a custody decision at the same time. This functions well if both parents are in agreement as to who is the custodial parent or if custody is to be shared, for example. When there is a conflict of interest, evidence must be presented to the court by each attorney, to prove who is more fit to care for the minor child or children in question.
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