At what age can a child decide which parent to live with in New Jersey?
“Sufficient age and capacity” has not been defined by law in NJ. Instead, a court has discretion to evaluate each child's ability to participate in a meaningful way. This means that a child who is 10 may, in some situations, be able to have input into where he or she will live after a divorce.
Can I move with my child if there is no custody agreement?
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. You do not need court permission to move out with your child. But the father can file a paternity case at any time, and then try to get custody and parenting time or visitation.
When can I deny visitation as the custodial parent?
A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include: Physical harm or domestic violence. Sexual abuse.
Can dating during divorce affect custody?
Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship into a contentious one.