How To Win Your Custody Battle

Do you have a child but your relationship with your partner isn’t working? Learn how to win your custody battle and call our attorney today.

1) The Best Form of Child Custody for Your Family

• Parents generally begin by considering how they will share legal and physical custody of their children.
• One parent may be designated the parent of primary residence – the parent with whom the child or children will live the majority of the time. The other parent is then referred to as the parent of alternate residence.
• Contention arises when both parents hope to be the parent of primary residence, and many factors can affect the potential success of a 50/50 custody arrangement.
• If a 50/50 arrangement is not suitable for your family, one parent may be the primary parent, and the parent of alternate residence may have a specified parenting time schedule.
• There’s no cookie cutter approach to custody. The real question is, “What’s in the best interest of the children?” Ideally, parents can build plans that truly focus on the children. Because parents are generally best equipped to make this determination, they should do their best to focus on what’s best for the child or children.

2) What Happens to the Children?

• You and your spouse are often best suited to know your children the best, and know what is best for them.
• Mediation is a good choice when it comes to divorce and children.
• You will want to provide the children with the most stability possible during the divorce process.

3) Parenting Time and Visitation

• Parenting time and custody are essential components in a divorce involving children.
• Schedules can vary based on the best interest of the children.
• Holidays, birthdays, and special events should also be considered when developing a schedule.

4) Relocating to Another State with the Children

• Relocating outside the jurisdiction with minor children is among the most difficult challenges a parent may face. The court considers many factors in response to a parent’s request to relocate outside the jurisdiction.
• The child’s best interests guide the court’s decision-making process.
• A number of specific factors must be discussed with your attorney because it’s not as simple as saying, “I have a new job, and I’m leaving the state.” A court order allowing the move can be a time-consuming process.

5) Traveling Abroad with the Children

• International travel can be addressed in a settlement agreement.
• If there is concern that one parent might flee the jurisdiction with the children, a parent may consider obtaining a court order preventing international travel while the divorce is pending.
• If the children don’t have passports, the non-traveling parent’s consent to apply for it is necessary in many cases.
• Among the important considerations that a parent must discuss with an attorney are: If the children travel internationally, are there countries they should not visit? How long may they be out of the country? How much prior notice does the other parent need before the children depart?
• These issues can become highly contested – both during and post-divorce.

Are you afraid of what will happen to your children once you start your divorce?  Contact New Jersey Child Custody Attorney Tanya L. Freeman for help and to schedule a free legal consultation and case evaluation.

Download Our Free Child Custody and Support Guide

No posts found