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 9-11 today 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

9. What kind of assessments does the court make of the parents?
In many custody cases, one parent alleges that the other parent is an unfit parent, and they should not have custody. In this type of case, the court will order an evaluation of the parties. These types of evaluations are called a best interest investigation, a risk assessment, and/or a psychological evaluation. A risk assessment is an evaluation that is provided by the court on request. A risk assessment is conducted by the County Probation Department. A risk assessment is usually requested when one parent is alleged to have an alcohol or drug problem. A risk assessment is also often requested when one parent has a history of sexual abuse. These types of cases are the nastiest. For a risk assessment, a member of the Probation Department will go to the parties homes and determine if it is safe for the child to have visitation there. Many courts are just overwhelmed. In some counties, it can take many many months for a risk assessment to be completed. In other less backlogged counties, a risk assessment is completed in a timely fashion. Another type of evaluation conducted by the courts is called a “best interest investigation.” This type of investigation is also performed by the County Probation Department. There is no charge to the parties for the court to conduct this type of investigation. This type of investigation looks into the character and fitness of the parents, the economic condition of the family, and the financial abilities of the parties. Finally, a court can also order a psychological evaluation of the parties. Whether a court grants an application for a psychological evaluation will depend on the individual judge. A psychological evaluation is costly, and the parties must also pay for this expense.

10. What if there is a custody order from another state other than New Jersey?
In many custody cases, there are different states of jurisdiction that are involved. It is not uncommon for a spouse to leave New Jersey once he or she encounters marital problems. In many cases, a person may obtain a custody order from another state. If there is a custody order from another state besides New Jersey, then a determination must be made if the order will be enforced. In New Jersey, our courts do not always give “full faith and credit” to a sister state’s custody decree. The reason for this policy is that custody judgments involve continuing relationships, and they are always subject to changing conditions. When a New Jersey court reviews an out of state custody order, it must look to the basis of the court’s jurisdiction, the location of the child, and the court’s access to necessary info about the child and its present custodian. Moreover, the New Jersey court will not enforce an out of state custody order if it is not in the best interests of the child.

11. What is the UCCJA?
The UCCJA stands for the Uniform Child Custody Jurisdiction Act. The purpose of the UCCJA is for states to cooperate with one another in placing children up for adoption. The UCCJA permits jurisdiction to be exercised by the home state or a state having a significant connection with the child. The UCCJA was enacted to allow the states to avoid jurisdictional competition in bitter custody disputes. It also ensures that custody cases are litigated in the state that has the closest connection with the parties and the child. Under the UCCJA, a New Jersey court has jurisdiction to make a child custody determination if the child resides in New Jersey at the time of the filing of the custody case, or if New Jersey has been the child’s home state within six (6) months before the commencement of the case. The court will also assume jurisdiction of the custody case if it is in the child’s best interests, if one parent has significant ties to New Jersey, or if there is substantial evidence regarding the child’s present or future care in the Garden State. Under the UCCJA, there are four standards that are used to determine if an alternate jurisdiction should be granted. The four standards are: (1) the state is or has been, within six months of the custody case, “the home state” of the child; (2) it is in the best interests of the child to proceeds in the former state because the child and the family have a significant connection there; (3) the child is present in the jurisdiction and is abandoned or threatened with harm; and (4) no other state has jurisdiction and it is in the best interests of the child that the former state entertain that dispute. 12. What happens if there is a custody dispute that involves different countries? A custody dispute that involves different countries is becoming more common all of the time. I am sure that many people have heard of the case wherein a man marries a “hot looking” latina woman. Quite frequently, once marital problems arise, the latina women moves back to South America, Central America, the Dominican Republic, or to the Caribbean. Moreover, those arranged marriages from India often are a disaster. I have heard of many cases wherein the Indian wife leaves her husband and goes back to India. Quite often, the Indian wife also leaves with the child(ren). The plain truth of the matter is that the world is getting smaller as each generation passes. In the near future, inter-country custody disputes will be just as common as interstate custody disputes. The UCCJA also applies to international custody disputes in a case where the child has been removed from the United States. If a child is removed from New Jersey to another country, then a person can apply to have any international custody dispute decided by a New Jersey Court. However, it may be difficult to have a New Jersey custody order to be enforced in another country.

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