A couple seeking to obtain a divorce when their marriage is not salvageable, may have an easy time of it or a difficult one. It can be uncomplicated unless they have minor children. When there are custody issues to be resolved, it becomes complicated. They will retain the services of a New Jersey divorce lawyer to help navigate the legal mandates in that state.
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.
If one parent has the children under her roof one-hundred percent of the time, the other parent has visitation rights. He has the children in his home for every other weekend and vacations and holidays, for example. When one is a poor caretaker, he may be required to give up visitation rights.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
Sometimes a vengeful parent will bring charges, true or false, of abuse, parental alienation or another manipulative action against the other. Unfortunately, the need for revenge can supersede the need to do what is best for the child. This can be emotionally detrimental to that child.
They must place the matter into the hands of the attorney hired to handle their divorce. He or she will request a decision on custody agreement. If it can be handled amicably, it will be best for the child. Any conflict requires solid evidence. If one parent accuses the other of being unfit, he or she must prove who is more equipped to take care of the minor child or children.
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.
If one parent has the children under her roof one-hundred percent of the time, the other parent has visitation rights. He has the children in his home for every other weekend and vacations and holidays, for example. When one is a poor caretaker, he may be required to give up visitation rights.
Generally speaking, a minor child over a certain age is allowed to make the decision on which parent to reside with. Alternatively, he may voice an opinion on preference. If there are conflicting facts in a case, the judge is expected to determine what is in the best interest of the minor child.
Sometimes a vengeful parent will bring charges, true or false, of abuse, parental alienation or another manipulative action against the other. Unfortunately, the need for revenge can supersede the need to do what is best for the child. This can be emotionally detrimental to that child.
They must place the matter into the hands of the attorney hired to handle their divorce. He or she will request a decision on custody agreement. If it can be handled amicably, it will be best for the child. Any conflict requires solid evidence. If one parent accuses the other of being unfit, he or she must prove who is more equipped to take care of the minor child or children.
About the Author:
Find a review of the advantages you get when you work with a New Jersey divorce lawyer and more information about a reliable attorney at http://www.micklinlawgroup.com now.
This article collected, selected and written by: Author Van Hoc
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