What You Should Know About Child Custody

Are you afraid of what will happen to your children once you start your divorce? Learn what you should know about child custody here. Call us!

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) 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.

2) 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 or a loved one going through the divorce process and have children? After reading about what you should know about child custody before starting your claim, contact our New Jersey Child Custody Attorney Tanya L. Freeman to provide legal assistance and get started on your claim.

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