New Jersey Divorce Lawyers
Types of Child custody handled by New Jersey divorce lawyer
- Joint Legal Custody arrangement is done with an assumption that the parents would finally develop the capacity to reach joint decisions of a non-routine type. The parents must consult each other before action regarding this sort of decision is taken. When one parent does not consult the other before taking a decision, the other parent can approach the Court regarding this issue
- Sole Legal Custody means that one parent is the legal custodian and there is no need for this parent to consult the other parent while taking non-routine decisions. However, the other parent has to take the approval of the legal custodian in any decision concerning the child, else the legal custodian can approach the Court. It is assumed that the legal custodian is acting to the child’s best interests. If the other parent feels that the legal custodian is harming the child’s interests, the other parent can approach the Court
- Sole Residential Custody indicates that the child would reside for greater than 5 days of the average week with the sole custodial parent and for less than 2 overnight equivalents of the average week with the other parent
- In Shared Residential Custody, none of the parents has the child less than 2 days per week on the average and more then 5 days per week on the average. Parent of Primary residence means the parent who has the child for more nights in the year. The other parent is called as Parent of Alternate Residence
- Split Residential Custody is a rather unusual scene in which 1 or more children reside mainly with 1 parent, while the remaining 1 or more children reside primarily with other parent. This is done if the advantages of doing so is more than the advantage of the sibling’s staying together
Importance of New Jersey divorce lawyer due to futility of legal separation
In New Jersey, when a marriage is irretrievably broken, a legal separation is possible, but this cannot force a reluctant spouse to offer support, allocate debts, divide assets and offer financial information. Due to this, a divorce becomes unavoidable.
Function of Guardian Ad Litem
When the visitation / parenting time or custody is not resolved by the parties, the Guardian Ad Litem comes into the picture. Such a guardian is appointed by court order on its own motion or application or both or either parents. The circumstances should justify such an appointment. It is the duty of such a guardian to seek the best interests of the child. The various functions of the guardian include the following, but are not restricted to these –
- Taking interviews of the parents and the children
- Taking interviews of other individuals who have relevant data regarding the case
- Procuring documentary evidence that is relevant to the situation
- Procuring the help of independent experts, on leave of court
- As per rule 5:8A, to procure the help of a lawyer for the children, on leave of court
- Conferring with counsel for the partners
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