To win full custody of your child, you must prove that such a custody award is in the child’s best interest. These cases can be tough, and the stakes are high, so to ensure the best outcome possible, you should consider hiring an experienced New Jersey child custody lawyer.
Does NJ favor mothers in custody cases?
Do courts favor the mother over the father? New Jersey law provides that both parents must be considered on equal footing when it comes to a custody determination. That said, New Jersey still gives weight to the “tender years doctrine” and tends to consider that factor in favor of mothers.
Is NJ A mother or father state?
Laws governing child custody and visitation in the State of New Jersey are gender neutral. Both parents begin with equal rights. The law also begins with a presumption that children benefit from frequent and continuing contact with both parents.
When can a child decide which parent to live with in NJ?
In New Jersey, a child cannot absolutely decide with which parent to live, until s/he turns 18, which is the age of majority. Before that age, the older the child, the more likely a Judge will pay attention to the child’s stated preferences for parental living arrangements.
What do judges look for in child custody cases?
The most basic part of the “best interests” standard is that custody decisions should serve the children’s health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child’s special educational, medical, mental health, and other needs.
What makes a parent unfit in New Jersey?
In New Jersey, the legal definition of an unfit parent is a parent or caretaker who is unable to provide a safe, secure, nurturing home for their child. The inability to do so could put the child at risk of suffering emotional, psychological, or physical harm as a result.
Is NJ A 50/50 custody state?
NJ does lean toward 50/50 custody when it comes to joint custody arrangements. The court makes custody decisions based on the best interests of the child, presuming that it is best for both parents to share responsibility for the child’s well-being.
What rights do fathers have in NJ?
Once an unmarried father is able to establish their paternity, he will have a legal right to seek out many desirable aspects of parenthood like custody, visitation, parenting time, etc. This will also allow the child’s mother the legal grounds to ask for child support payments.
How can a father win custody in NJ?
No history of domestic violence or physical abuse this is vital to increasing a father’s chance of getting full physical custody. A child’s custody preference if the child is of sufficient age (normally 8 years old or older) to make an intelligent decision. The child’s needs, including any special needs.
How does NJ calculate child support?
To calculate this, we multiply the total child support amount (line 13) by each parent’s percentage of income. For CP, it is 46% x $342.00, which equals $157.00 per week. For NCP, it is 54% x $342.00, which equals $185.00 per week.
How does child custody work in NJ?
There are two aspects of custody in New Jersey. Physical custody is where the child will spend their time. Legal custody determines which parent is responsible for making decisions regarding medical care, education, and religion, on behalf of the child.
What is best child custody arrangement?
What Is the Most Common Child Custody Arrangement? As mentioned, most modern family law courtrooms prefer joint physical custody when possible. The courts prefer to see children spend significant time with each parent, allowing them to maintain positive relationships after divorce or separation.
At what age will a judge listen to a child in NJ?
The age of majority in New Jersey is 18. For a child younger than that, when it comes to parenting time (and custody) matters the court will take into account “the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision”.
How far can a parent move with joint custody in New Jersey?
How Far Can You Move With Joint Custody? Technically you can relocate anywhere within the state of New Jersey with your children as long as your move does not significantly impact the current parenting plan.
Can a father get full custody in NJ?
And, if a child’s safety or well-being is at risk with his mother, the courts are even willing to consider awarding sole custody to the father. Under New Jersey law, the court will look at a series of factors to determine how the custody arrangement will be settled in the best interest of the child.
What are the 12 best interest factors child custody?
- Parental fitness.
- Who has been the child’s primary caretaker.
- Parents’ histories of crime, violence or substance abuse.
- The parent-child relationship.
- The child’s age.
- Ensuring stability in the child’s life.
- The child’s physical and mental health needs.
What can cause a mother to lose custody?
- Child abuse.
- Violence at home.
- Fabricating lies about abuse.
- Serious neglect.
- Severe mental health issues.
- Drug and alcohol abuse.
- Parental alienation.
- Failure to commit to parental responsibilities.
What is considered an unstable home for a child?
The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.
How much does a divorce lawyer cost in NJ?
Hiring an Attorney Most attorneys in NJ will charge between $250-500/hour. They usually ask for a retainer up front, which can be anywhere between $2,500.00 and $15,000.00. Some statistics show that on average, one can expect to pay $12,000.00 in attorney’s fees for a divorce.
What is considered child neglect in NJ?
Neglect occurs when a parent or caregiver fails to provide proper supervision for a child or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so.
How long does a father have to be absent to lose his rights in NJ?
In the state of New Jersey, a father can lose his rights if he is absent for a period of six months or more. If the father is absent for less than six months, he may still be able to retain his rights if he can show that he has been involved in the child’s life and has been providing financial support.
Do I have to pay child support if I have joint custody in NJ?
Only if the parents earn equal or about equal income and share 50/50 custody would a person not be ordered to pay support. Even then, the parent would not be avoiding support. They would be financially supporting the child half of the time, during their parenting time.
Is child support mandatory in NJ?
Child support laws in New Jersey Irrespective of the custody arrangement, under New Jersey law, both parents have the obligation to provide financial support for their child until the child is emancipated.
What is the percentage for child support in New Jersey?
The percentages of combined income per child are as follows: 17 percent for one child. 25 percent for two children. 29 percent for three children.
How can a father get 50/50 custody in NJ?
The judge will evaluate the parents’ relationship. If the judge finds that the parents are able to interrelate in a civil way, he or she may approve a request for a 50/50—or joint physical custody—arrangement.