Child Custody Category Archives — Page 3 of 3 — New Jersey Divorce Lawyers Blog Published by Monmouth County NJ Family Lawyers

October 16, 2014

Court Fashions New Guidelines For Deciding Disputes Over A Child’s Preschool Choices in New Jersey

A recently published case establishes new rules for resolving preschool disputes between divorced parents. The court recognized that this particular issue had never been addressed before. An ordinary dispute between divorced parents can sometimes land you in an unexplored area of New Jersey law. It is important to hire a knowledgeable family law attorney to help navigate your parental rights disputes.

The case of Madison v. Davis involves parents who were married for four years before they were divorced. They have joint custody of a child, “L.D.”, with L.D.’s mother assigned as the primary residential custodian. Until recently, L.D. attended a preschool that was chosen by both parents. This school (referred to as “Preschool A”) violated state regulations by improperly allowing L.D.’s father to pick the child up from school when he was not authorized. L.D.’s mother promptly took the child out of “Preschool A” and enrolled her in “Preschool B.” Continue reading

October 11, 2014

New Jersey Law Tries To Address Grandparent Visitation Disputes

by Mark Goldstein, Esq.

When grandparents are denied an opportunity to visit their grandchildren, a conflict is bound to arise. On one hand, a parent has a right to decide how his or her child will be raised. On the other hand, removing a grandparent from a child’s life could potentially harm the child. In New Jersey, we have a statute that governs the rights of parents and grandparents in these situations, and two important court rulings have clarified the way in which the statute is applied. If you are involved in a conflict over visitation, you should speak to a family law attorney who can explain how New Jersey’s statute applies to your case.

The New Jersey legislature passed a law to address problems that arise when a parent forbids a grandparent from interacting with a grandchild. The law sets out a process by which grandparents can apply for visitation rights and lists eight factors that must be considered in evaluating the grandparent’s application for visitation. They include the relationship of the grandparent with the child, how the grandparent gets along with the child’s parents or the person who has custody of the child, and the length of the period since when the grandparent has spent time with the child. Other factors extend to considering what impact the grandparent visitation may have on the relationship of the child with his or her parents or the individual with custody, the time-sharing arrangement of the parents, the motive of the grandparent in seeking visitation, any record of the grandparent mistreating the child, and any other information that may seem relevant to the court.

October 10, 2014

Recent Case Shows Divorced Parents Are Not Always Responsible For Paying Their Child’s College Tuition

by Mark Goldstein, Esq.

A recently published New Jersey case held that a divorced parent is not always liable for a child’s college education. This case involved complex facts, and a number of criteria were considered in addition to the parent/child relationship. Divorce cases can be complex, especially when there are children involved in the equation. If you are considering a divorce or a dissolution of your civil union, you should talk to a New Jersey family law attorney who can help explain your case.

Mr. and Mrs. Black had been married for 17 years, and together they had three children. When Mr. and Mrs. Black were divorced from each other, the settlement included obligations to pay for their children’s college educations. Although Mr. Black had repeatedly tried to establish a positive relationship with C.B., their oldest child, the child had written Mr. Black completely out of his life. Therefore, Mr. Black no longer saw a reason to pay for C.B.’s college tuition. Continue reading

August 5, 2014

Determining Custody After a Domestic Violence Trial in Which a Final Restraining Order is Entered in New Jersey

by Mark Goldstein, Esq.

Many people in the midst of a divorce or imminent divorce proceeding find themselves involved in a situation involving domestic violence with their spouse. If you are granted a restraining order in New Jersey, you may wonder how that might effect the issue of custody in your divorce. Or, if you are the defendant in a domestic violence case that now has a restraining order entered against you, you may wonder how this may affect the ultimate issue of custody of your minor children.

Unlike issues of support or equitable distribution involved in a typical New Jersey divorce case, the issue of custody of one’s children in many instances can prove to be the most important and difficult to resolve. The existence of a final restraining order raises other concerns that can impact the issue of custody of your minor children.

In New Jersey, a trial court determines the issue of custody of minor children based upon a standard known as “the best interest of the child”. To many, this can be a very illusive standard. There is much case law in New Jersey that attempts to define this standard.

Once that determination as to the custody has been made by a court, or by consent of the parties if they can agree, it may still be changed in the future. Certain factors must be met in order to succeed in changing custody. Generally speaking, if the other parent voluntarily consents to the change, it will in most instances, be permitted by the court. If the other parent does not agree to the proposed change in custody, an application (referred to as a “motion”) must be filed to commence the process in the family court in New Jersey.

An application to modify custody requires a two-step process. The first step requires the moving party to show a “change of circumstances” as a threshold to allow discovery and an evidentiary hearing or trial. The second step is the hearing or trial itself in which the court will apply the same standard that would have applied at the time of the original custody determination. The paramount consideration in all child custody cases is to determine “what is in the best interest of the child?. ”