by mcguirelawnjny | Dec 20, 2022 | Family Law
There are many aspects of a child custody arrangement that must be worked out between divorcing parents. To develop a child custody agreement, parents will have to agree on legal and physical custody of their child and must remain focused on what is in the best interests of the child.
BEST INTERESTS OF THE CHILD
If the parents are unable to agree on child custody, a court may help develop an arrangement. Courts decide child custody issues on a number of factors. Ultimately, the most important factor is the court’s interpretation of what move is in the best interests of the child.
PHYSICAL AND LEGAL CUSTODY
There are generally two different types of child custody: physical and legal custody. Physical custody refers to where the child lives and who the child lives with. Legal custody refers to who makes important decisions for the child. Decisions that are considered significant include those that concern the child’s education, religious upbringing and medical care.
Each type of child custody, physical and legal custody, can be awarded as jointly or solely. In a joint physical custody situation, the child shares time at the homes of two parents. In a sole physical custody situation, the child primarily lives with one parent. Even in these situations, the other parent generally has rights to visitation.
Joint legal custody looks like the parents working together to make major decisions for the child, while sole legal custody allows one parent to make those decisions on their own for the child.
Whether the arrangement is made by the parents or by the court, the deciding factor must always be the best interest of the child.
LEGAL GUIDANCE FOR PARENTS
When parents understand how the child custody process plays out, they can be better prepared to resolve child custody issues. Call Law Offices Of Michael P. McGuire LLC, at 732-704-7331 for a free consultation about child custody or other divorce-related concerns.
by mcguirelawnjny | Dec 20, 2022 | Family Law
Regardless of whether you and your spouse are getting along, you will want to protect your kids during your divorce. It’s in your children’s best interests to consider your long-term arrangements before submitting your proposed parenting plan to a court.
Think about the detailed schedules for each child, including periods of residential versus nonresidential parental responsibility. Unless there’s a distinct possibility that either of your actions will be harmful to your children, the court will generally expect both of you to have stable and continuing involvement in their lives.
DETAILED ARRANGEMENTS
Your parenting plan must include specific information to show that you’re focusing on the welfare of your kids. For example, the court may expect you to provide detailed information about:
- Primary custody
- Day-to-day scheduling
- Holidays and non-school days
- Health and dental insurance coverage
- Child support amount and payment schedule
- Transportation and exchanges between parents
- Claiming the children for tax purposes
- Handling potential disputes
You must also specify who will be responsible for making decisions about religious teachings, education and medical attention.
WHAT’S BEST FOR THE KIDS?
Among the factors you specify, a court will consider the children’s relationships with each parent, your ability to provide love, affection and guidance, as well as your capacity to meet the developmental needs of your kids.
Adjusting to life after divorce is undoubtedly difficult for children and adults alike. However, preparing for the future can go a long way in providing a sense of security for your children while minimizing the animosity between you and your soon-to-be ex.
If you have questions about your parenting plan, please call 732-704-7331 to schedule a free consultation with McGuire, Aziz & Associates.
by mcguirelawnjny | Dec 20, 2022 | Family Law
Domestic violence is a serious issue in the United States, and many people fail to understand the scope of the problem. Many families get torn apart because one spouse may be unable to manage negative emotions in a healthy manner and instead takes their feelings out on their loved ones.
Domestic violence can affect someone’s career, their physical well-being, and their mental health. It can even have a negative impact on the social development of children in the family. Many people who endure domestic violence continue living with a partner who they know is violent or inappropriate.
Why are so many people afraid to leave an unhealthy or abusive marriage?
THEY WORRY THINGS WILL GET WORSE WHEN THEY LEAVE
Statistically, the most dangerous time for someone experiencing physical violence from an intimate partner is when they leave the relationship and the two years following that. That is when the abusive partner is most likely to kill the person attempting to leave. Many people, fearing an escalation of violence against themselves or their children, may stay in a dangerous situation for years.
THEY DON’T HAVE THE RESOURCES TO LEAVE
Often, physical and emotional abuse goes hand-in-hand with financial abuse. Whether your partner refuses to let you work or has complete control over the household financial accounts, you may feel like there are no options for you to move out and start living independently.
THEY HAVE ENGAGED IN REACTIVE VIOLENCE
Not everyone who experiences domestic violence reacts the same way. Some might fight back, even if they did not initiate the dispute and know they can’t “win.” They may worry that reactions to their partner’s behavior will make it impossible for them to get a domestic violence restraining order or custody over their children.
Staying in an abusive relationship means putting yourself and any children in the household at continued risk on a daily basis. Although it takes planning and bravery to leave an abusive partner, those that do are often grateful that they made the decision to move on from an unhealthy marriage. Getting legal support will help you make use of the tools available to you, like domestic violence restraining orders, while also planning for the safest possible exit from your marriage.
by mcguirelawnjny | Dec 20, 2022 | Family Law
If you were to ask people why they got married, the answers they provide often include an intangible emotional awareness of how important the other person is to them or their desire to be with that individual.
In many ways, divorce is similar. Some people divorce for specific reasons, like abuse or adultery, but many others choose to divorce because they feel like it is the right choice. They know that their relationship is no longer a positive source of support in their lives.
For these individuals, there can be a lot of uncertainty about the next step to take. They may worry that they do not qualify for marital dissolution or divorce under New Jersey law. Do you need specific grounds to file for divorce in New Jersey?
NEW JERSEY ALLOWS FOR NO-FAULT DIVORCES
The simplest form of no-fault divorce involves making a claim that you and your spouse have experienced irreconcilable differences that have affected your relationship for at least six months. You can also file for a no-fault divorce by separation if you maintain separate living spaces for 18 months or longer.
No-fault divorces do not require any evidence of misconduct and therefore do not provide an opportunity for the responding spouse to prevent the divorce. For many couples, no-fault divorces are the fastest and easiest solution that makes the most sense for their circumstances.
NEW JERSEY DOES ALLOW FAULT-BASED DIVORCES
There are also several fault-based grounds for divorce permissible under New Jersey law. These include adultery, drug addiction, domestic abuse, desertion, imprisonment and deviant sexual conduct.
Provided that you have evidence of spousal misconduct, such as medical records, financial documents or police reports, you could potentially pursue a fault-based divorce. For many, deciding on which type of divorce to file may seem like a gray area. You may feel unsure which route is right given your circumstances and what your goals might be moving forward from the divorce.
Understanding the basic rules about New Jersey divorce proceedings will help those contemplating divorce and these types of decisions. Contact the Law Offices Of Michael P. McGuire LLC by calling 732-704-7331 or reaching out through our website. We help you learn more about your options and rights at the end of your marriage with a consultation with a member of our legal team.
