If you are getting or have gotten a divorce, or you are not together with the other parent of your children, you may have certain custody issues that need to be resolved. How you address these issues can impact your children’s future going forward. You must be careful and think strategically whenever you are dealing with a child custody issue. The experienced North Brunswick child custody attorneys at Thakkar Family Law can provide you with crucial legal support and advice throughout the process.
What Custody Matters Must Be Determined?
Child custody involves any matters relating to the children that are not financial in nature. There are two primary aspects of child custody that must be determined in a divorce and may be subject to further issues in the future:
- Physical custody involves where the children will spend their time. There are several possibilities for physical custody. The parents may share physical custody, or one parent may have physical custody, while the other has visitation rights. Then, the parents must agree on a visitation schedule that allows the other parent to spend time with the children.
- Legal custody involves how decisions are to be made for the children in crucial areas, such as education and medical matters. The presumption is that both parents should share in decision-making because that is what is best for the children. However, there may be circumstances in which one parent may end up with sole legal custody based on the situation.
How Are Child Custody Matters Decided?
The ideal outcome is for the two parents to agree on all child custody matters without having to litigate the case. It is possible to sign a marital settlement agreement that addresses all important custody issues. It may take some time to reach this agreement, since each parent may have their own ideas of what may work best. If you are able to reach a settlement agreement, everything becomes a part of a court order, which governs all custody matters going forward.
In some cases, the parents are simply not able to agree after negotiations. When that happens, you may find it worthwhile to engage in mediation in the hopes of avoiding a court case. If you are not able to reach a consensus after negotiations, you may have no choice but to litigate the matter. Then, a judge would reach a decision that is binding on both parents.
What Standard Applies to Child Custody Cases?
Any matter that involves the children will be adjudicated based on the best interests of the child test. This legal inquiry operates based on the principle that any matter that affects a child should place the child’s interests over those of the parents. To be clear, there are times when a parent’s interest may affect those of the children, such as when a parent needs to live in a certain location to earn the most possible money.
The best interest of the child test is a flexible one that considers a number of factors, including:
- The ability of the parents to agree, communicate, and cooperate regarding issues affecting the child
- Each parent’s willingness to accept custody and any history of refusing parenting time
- The interaction and relationship of the child with parents and siblings
- Whether there is any history of domestic violence
- The physical, emotional, educational, and developmental needs of the child
- The fitness of each parent, including mental and physical health and ability to parent
These are just some of the many factors that are a part of the best interest test. This legal inquiry is a flexible one, and a judge has a considerable amount of discretion in how they apply the individual factors and weigh them in their determination. If you are litigating a child custody matter, you must be prepared for significant uncertainty because you never quite know how a judge will rule.
Child Custody Matters After a Divorce
Child custody matters will persist until your children reach the age of emancipation. Although the hope is that there is no need to modify any court order, there are times when one or both parents may need to seek changes. Life circumstances do not stay the same, and one parent may need to petition the court for a modification of the child custody order. For example, the children may experience life changes, making the previous visitation schedule no longer feasible.
It is not always easy to persuade a judge to grant a modification to an existing custody order, so you should account for as many contingencies as possible when you are negotiating the initial agreement. You must show that there has been a substantial change in circumstances to modify any child custody order.
There may also be issues when the parents cannot agree, or one is not following the custody order. In some instances, a parent may need to go to court to have the judge enforce the order. Failure to comply with a court order can lead to drastic consequences for a parent, which can even include contempt of court.
Why You Need a North Brunswick Child Custody Lawyer
When you are going through a divorce, or are experiencing any other type of difficulties regarding your children, it is not always easy to maintain a clear head. You must think strategically in child custody matters because you are trying to secure an outcome that is best for your children. When emotions are involved, things can spiral out of control quickly.
When you hire a North Brunswick child custody attorney for your case, they can help you come up with a plan to achieve your desired outcome. Whether it is formulating a strategy or negotiating with the other parent’s attorney, a North Brunswick child custody lawyer can help reduce your stress and deal with all the details of the case on your behalf. You will still be involved, insofar as you need to make decisions and testify in court when necessary.
Frequently Asked Questions
Can a Child Choose Which Parent They Want to Live With?
A child does not get the final say on which parent they want to live with, but their wishes are given some consideration by the court when they are older.
Do You Have to Go to Court to Create a Custody Agreement?
You can negotiate a child custody agreement outside of court, but you will need to file any settlement with the judge, and it will become part of a court order.
Do Unmarried Parents Have the Same Custody Rights?
Although much legal guidance focuses on child custody as part of a divorce, both parents of a child have parenting rights, regardless of whether they were ever married.
