How is child custody determined in NJ?

How is child custody determined in NJ?

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. That is why, when joint custody is agreed upon or ordered by the court, it is often a 50/50 custody arrangement in New Jersey.

Can a child refuse visitation in NJ?

A common issue I confront as a family law attorney is at what age may a child’s lack of a desire to visit with their non-custodial be conclusive in a New Jersey Family Court. Therefore, as this is not a “hard and fast rule,” there are times that an even younger child’s wishes may come into play.

How do I get 50/50 custody in NJ?

If a Judge finds that the parents are able to maintain civil contact, they may be approved for a 50/50, or joint physical custody arrangement. Unlike custody arrangements where one parent is given primary physical custody, a 50/50 arrangement allows for an approximate equal split in parenting time.

How can a father get full custody in NJ?

Sole Custody of a Child of Unmarried Parents Sole custody is generally awarded when one parent is not able to actively take care of the child and so the child lives with one parent primarily. The parent with sole custody makes all determinations regarding the child’s health, education and welfare.

What makes a parent unfit in NJ?

Potential grounds for finding a parent to be unfit may include: Mental health issues or mental illness of a parent. A history of dangerous actions, violent behavior, or criminal activities including but not limited to acts of domestic violence. Problems with substance abuse and/or addiction.

Who has custody of a child when the parents are not married in NJ?

The State of New Jersey does not discriminate based on gender when it comes to custody rulings. Mothers and fathers have equal rights to legal and physical custody under the law. However, there is one hurdle that unmarried fathers must clear that married fathers don’t have to worry about: establishing paternity.

How do I file for legal custody in NJ?

How do I file for legal and/or physical custody of my child? You would file an application with the family division in the county where the child resides, if the child does not reside with you.

Can a parent share a bedroom with a child NJ?

Generally, children of opposite sex cannot share a bedroom with each other or an adult. Therefore, families with children will very often need to rent apartments with more bedrooms, even in cases when a single bedroom would have been large enough to accommodate the size of the family.

How much is a divorce in NJ?

The cost to file a divorce complaint in NJ is $300.00. In addition, if child support, child custody, or child visitation are issues in the divorce, the person who files must also pay a mandatory $25.00 fee to take a parent education class.

What is considered abandonment of a child in NJ?

Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient …