The following article about New Jersey Divorce is featured on New-Jersey-Lawyers.com The below article has 31 topics and is a continuation of the the last article. We are posting topics 5-8 today We will publish the balance of topics in proceeding days. Or you can read the entire article on New Jersey Lawyers

5. Are the children’s wishes considered by the court in a custody dispute?
In many cases, the court will consider the children’s wishes if they believe that they are of an age to make an intelligent decision. The court will then interview the child in chambers. The court will then ask the child if they have a preference with regard to custody. This type of interview with the child is called an “in-camera interview.” The goal of this type of interview is to assist the court to determine what the child’s wishes are. In many cases, younger children are often influenced by the parent with whom they live with. Therefore, sometimes a young child’s answers may be skewed. Alternatively, older children are much less influenced by their parents. A court always takes into consideration the age of the child when it determines how much weight to place on the outcome of the interview.

6. How can a person apply for custody of their child?
The first step that a person must take in a custody case is to file a complaint or a motion with the court. Once the custody application is received by the court, it will then be reviewed to determine if the case should be sent to custody mediation. Each county has their own custody mediation procedure. However, in almost every county, a custody case is first sent to mediation to try to work out a reasonable compromise. In addition, all parents are required to take a parental education class. These classes are run by the county, and there is only one session. If the custody mediation is unsuccessful, then the court will then order a hearing to determine the issues of custody and mediation.

7. How is custody determined in a case where the parties are not married?
When the parties are not married, this type of case is referred to as a non-dissolution case. This type of case is given a FD docket number. Custody for people who are not married is treated the same way as for married couples. The parties are also referred to custody mediation. Moreover, in FD cases the issue of paternity also frequently arises. In many cases, the father if he contests paternity may be required to take a paternity test. This is a relatively simple procedure. The paternity test(s) is usually given by Lab Corp. These tests consist of a lab tech taking a swab on the inside of a person’s mouth. The results are usually provided within three to four weeks.

8. What is a Guardian Ad Litem, and when is one appointed?
A “Guardian Ad Litem” is an attorney who is appointed to represent the children themselves, and not the parents in a divorce case. Usually, a guardian ad litem is only appointed in the very nasty cases. A court usually appoints a guardian ad item when they believe that the children need their own lawyer to protect their interests. In many divorce cases, the parents become so enraged that the court feels compelled to appoint a guardian ad litem. The downside of appointing a guardian ad litem is that the parties have to split the costs of hiring the lawyer/guardian ad litem. In summary, a custody case can be a wonderful opportunity for a family to blow all of their money and life savings. If a guardian ad litem is appointed, then the family will have to pay for three lawyers; the wife’s lawyer, the husband’s lawyer, and the guardian ad litem. If the case drags on, then legal fees can fast approach the $20K to $35K range. If at all possible, I strongly advise all parties to try to work out a custody arrangement that everyone can live with. Custody disputes are really just a miserable experience. In many custody cases, a family often blows all of their savings, and they also become heavily in debt to their lawyer(s). It is not uncommon at all for a person to file for bankruptcy after they have endured a bitter custody case. I hear of these horror stories all of the time.

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The following article about New Jersey Divorce is featured on New-Jersey-Lawyers.com The below article has 31 topics. Due to the length we are listing only the first 4 in today’s posting. We will publish the balance of topics in proceeding days. Or you can read the entire article on New Jersey Lawyers

Child Custody FAQ’s

By Theodore Sliwinski, Esq.

1. What are the different types of custody?

Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child’s health, education, safety and welfare. Physical custody refers to which parent the child lives with.

2. What are the factors that the court considers during a custody case?
The primary standard that the court uses to determine a custody case is always, “what is in the best interests of the child.” The court has to determine many factors when it makes this decision. Some of the factors that are considered when the court makes a custody determination are: (1) emotional and physical environment; (2) the personal safety of the child; (3) moral atmosphere of the household; (4) the mental and physical health of the parents; (5) the age of the children; (5) the age of the children; (6) preference of the child; (7) the prior behavior of the parents, including any history of abuse; (8) the ability of each parent to care for the child; (9) and the importance of religious upbringing within the family.

3. What type of custody arrangements can a court impose?
Once a court makes a custody determination, there are several possible custody arrangements that a court may impose. The court may impose: (1) sole physical or legal custody; (2) sole physical custody with joint legal custody; (3) joint custody. The term “joint” does not mean equal. Instead, “joint” means that the parties equally share the obligation to raise the child.

4. What is the most traditional custody arrangement that a court imposes?
The most traditional arrangement is for the parties to share joint legal custody, and the wife/spouse in most cases gets physical or residential custody. When one parent receives custody, the other parent receives visitation rights. This parent is also referred to as the “non-custodial parent.” The amount of visitation rights that a parent receives varies in each individual case. Visitation rights cases range from supervised visitation at the court house, to splitting parenting time equally.

To Read the balance of this article or find a New Jersey Divorce Lawyer visit www.New-Jersey-Lawyers.com or go to NJLawFirms.net for more listings of NJ Divorce lawyers