If parents in New Jersey are unable to agree on a child custody arrangement, a family court in New Jersey can require parents to submit a custody plan for the court's consideration
before awarding custody.
Often, these laws lay out specific factors the court must consider
before awarding custody or a visitation schedule, including the child's attachment to each parent and each parent's ability to care for the child.
Not exact matches
The primary issue
before us is whether trial court's
award of joint
custody is in the best interests of the Burham children.
Before a court
awards custody, both parents have legal
custody.
In Cortina, the court upheld the trial judge's decision to
award sole
custody of teenage children to the father but varied the costs order to take into account the fact that a particular offer had expired three days
before trial and thus was not in strict compliance with Rule 18 (14).
If you and your partner are unmarried, you will have to pursue a parentage action to settle issues of paternity
before a court will
award child
custody and support.
An example of an error in law would be if state law requires a parent convicted of domestic violence to complete counseling
before the
award of any
custody rights, but a judge nonetheless grants that parent
custody without proof of counseling and in direct violation of the law.
If the child is 14 years of age or older, this must be considered by the court
before custody is
awarded to either parent;
Whereas
before, the mother was often stereotypically
awarded primary
custody in child proceedings, the new rules consider a variety of important factors when determining time sharing rights.
In some instances, parents are required to attend counseling sessions
before custody is
awarded.
Like child support and
custody,
before the court will modify your alimony
award, you must prove your circumstances have changed.
The court must consider the best interest of the child
before it
awards sole physical
custody or sole legal
custody to one parent.
Also, neither parent will be favored for
custody over the other based on sex, so each parent has equal opportunity for being
awarded custody before all of the other factors are evaluated.
«The record
before this Court reflects, not a gender bias against Mother or the fact that she is a career - oriented woman but, rather, a case in which, as between two parents who are fit to be the custodial parent, the best interests of the child will be served by
awarding custody of the child to Father.
For a custodial adoption (including same sex adopting parents), the adopting parent (s) must have been
awarded allocation of parental responsibilities (
custody) or guardianship (in probate Court) of the child, and must have cared for the child for at least one year
before filing for an adoption.