Going through a divorce can bring up a lot of questions. It is never easy to divide the entire life that you have built with someone else, especially if you have children.
These are some of the most common questions that we get when it comes to child custody:
1. Does the Mother Always Get Custody?
One common misconception is that the mother will always get sole, or full custody of the children. This is typically because the court wants children to live primarily with their primary caregiver, which traditionally, was always the mother. However, modern marriages tend to differ and can affect which parent takes on the primary responsibilities.
2. Is It Really Possible to Have Joint Custody?
Joint custody is possible. In fact, it is often the best outcome for children who have active, involved parents in their lives. Joint custody will require that each parent determine a schedule that works for them. Disagreement around who gets the children for which dates and upcoming events can be difficult to determine, but it is possible.
3. How Can a Lawyer Help With Child Custody Questions?
Family lawyers often work with families going through a divorce and having common child custody concerns. They can be a valuable resource of information as you navigate these questions.
4. Who Determines Visitation Schedules?
While the court has the final determination of visitation schedules, they will consider many different factors before making a decision. In most cases, they will let the parents attempt to figure out a schedule that works first. If there are disagreements, then they will look at many different factors and then determine what the best schedule is for the children.
5. What Happens If the Couple Was Never Officially Married?
Marriage does not affect parental rights, as long as the father is the birth father or has signed an agreement, accepting parental rights of the child.
6. Am I Allowed to Move Out of State?
Determining child custody agreements across state lines can get very involved. If your plans include a move out of state, then this is something that you will want to discuss with your lawyer and be open about with the judge.
7. How Is Child Support Determined?
Child support is not the same thing as child custody. It is a cost that may or may not be awarded to one parent, depending on the custody agreement, for payment that covers living costs like food, rent, clothing, and medical needs.
8. Does My Child Have a Say In the Agreement?
The best interests of the child are the ultimate decision when determining the best child custody agreement. If the judge believes that the child is able to express their best interest, then they might take their preferences into account. But, keep in mind, it will only be one deciding factor when determining custody.
9. What If My Partner Doesn’t Fulfill Their Requirements?
If one parent does not fulfill their custody requirements as set by the court, then the custody agreement may be re-evaluated and modified.
10. What Is the Difference Between Sole and Joint Custody?
Sole custody means that the child, or children, live with one parent who is responsible for making all important life decisions, without the consideration of the other parent. Joint custody means that both parents share equally in these important decisions. The children will live with the parent with sole custody, whereas they will split their time between parents in a joint custody.
Contact a Mount Laurel Family Law Attorney for a Consultation About Child Custody in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Cordry Hartman LLC represent clients throughout the state, including Moorestown, Cherry Hill, Evesham Township, and Mount Lauren. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 235-4511 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 68 E. Main Street, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.