Rather, sole custody is intended for situations where it is clear that a parent is better equipped or available to make informed legal decisions. For example, if a parent travels a lot out of the country, moves out of state, or has problems with drug use, child neglect, or domestic violence, sole custody is a reasonable expectation. Learning New Jersey`s custody laws can be a useful first step if you`re looking for full custody of your child. Understanding these laws can help you decide if you should fight for full custody and how you want to plan your case. However, New Jersey`s custody laws are nuanced and complex. Successfully obtaining full custody of your child requires extensive knowledge of many New Jersey laws, so you should also seek the advice of an experienced family law attorney. The New Jersey statutes §9:2-4 state that it is in the public interest that both parents share the rights and duties of parenthood, and both parents have equal rights before the law. Ultimately, the court must make custody orders that are in the best interests of the child. No. Your child`s other parent will not be able to change a court order or formal agreement without your permission and input.
Since you share custody of your child, decisions such as education, religion, important medical and daycare choices need to be presented and discussed by both of you. Even if you can`t agree on a school or daycare, you`ll ultimately have to let the court decide. It`s always best to reach an agreement in these situations, but if you simply can`t sit down with your ex and discuss daycare and its repeated delays, you may have no choice but to file a motion to enforce your rights included in your court order. Only a court has the power to change or end the custody you have for your child, and the court can only do this after a full hearing, which is usually triggered when a parent requests a change in the custody decision. If you are concerned about losing custody of your child, seek advice from a lawyer who has experience handling custody cases so that you know your rights. May cause the parent to continue to withdraw from children without custody If the other parent has left their child because they can`t or don`t want to care for them, you may have sole custody. You should consider this if your child has not had contact with the other parent for an extended period of time. In this case, you do not want them to reappear in years and exercise custody if the child does not even have a relationship with them. It can be risky to give them the right to make important decisions about the child`s life if they don`t know the child well enough to understand their needs.
Above all, sole custody should be in the best interests of the child, not in the deprivation of the other parent. A sole custody parent is also the only person who has the legal authority to make important decisions on behalf of the child. These types of decisions usually involve education, religion, and health care. Here`s a closer look at this type of custody, including the pros and cons of the agreement. In general, one parent with sole physical custody has the children all the time, and the other parent has limited contact with the children. Sole custody usually means that the parent can make important decisions for the children without having to notify the other parent in advance. A judge may also consider any other information relevant to the best interests of the child. A parent seeking full custody will benefit from understanding these factors, as the best interests of the child greatly influence the outcome of the case.
The most obvious reason to apply for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following: Sole custody is a good option if there are issues that make a parent unfit or unavailable to make informed decisions for the children. But the pursuit of sole custody without a valid reason is likely to be rejected by the family court. My husband and I are in the process of divorcing and we are trying to come up with a vacation plan. I am Jewish and he is Catholic and we raised our daughter Catholic, which means we celebrate Christmas. He demands that he have our daughter for all Catholic holidays because he is Catholic and I am not. Is it legal? How do I apply to the court for custody or visitation of my child? The court must consider legal factors when determining custody of the children. Child care takes many forms. They have sole custody, joint custody, and joint legal and physical custody, and they are completely different. Sole custody occurs when one parent is designated to make all decisions about the child and the other parent who does not live with the child does not make any of the decisions on behalf of the child. Joint custody is when the parent who serves as the child`s primary residence, so the custodial parent actually makes the day-to-day decisions, is the common decision for that particular child or children living in that particular home. And the non-custodial parent, the one who doesn`t really live with the child on a day-to-day basis, but who has a visiting schedule with the child, is involved in important decisions with the primary custodial parent when you`re talking about important decisions about the child`s health, education, overall well-being, and even religious decisions. In many states, sole custody is becoming increasingly rare, unless joint custody is considered dangerous to the child.
As a result, joint custody — that is, parents are involved in decision-making — is becoming the standard decision in many family court systems. Here are the pros and cons of sole custody. If you think a child is in danger or may be harmed, you can file an urgent petition with the court, called an order to explain the case in the county where the child lives. A judge will see you the same day. However, you must prove that the child will suffer immediate and irreparable harm if the judge does not award you custody immediately. Also note that even if the judge agrees with you, this order is temporary and you will usually have to return to court within 10 days for an extended hearing. If the judge disagrees with you, your application will be converted into a regular custody complaint, and you will return to court for a decision within about four weeks. Below is a list of frequently asked questions about legal issues surrounding children and parenting issues during divorce or other family law situations in New Jersey. Please also check out our FAQs on the following topics: Getting sole custody isn`t always easy under New Jersey law. In order to obtain full custody of your child, you must prove that such custody arbitration is in the best interests of the child. These cases can be difficult and the stakes are high, so to ensure the best possible outcome, consider hiring an experienced attorney in New Jersey.
Villani & DeLuca lawyers know how to present a strong case to show the court what`s best for your child. Raub JM, Carson NJ, Cook BL, Wyshak G, Hauser BB. Predictors of custody and visiting decisions at a family court clinic. J Am Acad Psychiatry Act. 2013;41(2):206-18. Whether you`re planning a divorce or in the middle of a custody battle, it`s important that you understand what it means to seek sole custody. Although this method of custody is not preferred by family courts, it is an essential consideration if you are leaving an abusive relationship or dealing with a former spouse who is regularly unavailable. In a child or parenting matter in divorce or family law matters, there may be a plethora of questions about your legal situation. We understand that every family and legal issue is unique. While laws may be static, your questions and concerns are not. If you would like to ask a question that you don`t see here in our FAQ section, please visit our Ask Your Question page to ask questions about children or parents in divorce or family law matters.
If you have only received the letter from your child`s other parent and there is no legal document such as a motion or complaint she has filed or a hearing date in the mail, there is nothing you can do at this stage.
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