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New Jersey, & Choice of a Child to Choose a Parent

Eric Davis
New Jersey, & Choice of a Child to Choose a Parent

Child custody is a delicate and complicated subject. Few people understand a child's needs better than the child himself. Children may prefer one parent's house over another or have a stronger attachment with one parent over another. As a result, when it comes to determining a custody agreement, he or she may express a choice.

Continue reading to learn more about New Jersey custody agreements.

There are two categories of child custody in New Jersey:

An underlying premise applies in any divorce involving children: the child's best interests. Although this is a very broad notion, it gives courts with both parameters and significant freedom in making placement decisions for children. Seeking legal custody gives you the authority to make major decisions for the child. Usually, child lives with the parent who has the physical custody. Sometimes, this is referred to as residential custody. You can request either legal or physical custody, and you must specify while submitting your motion in court. There are two major categories:

• Physical Custody • this is given to the parent who spends most of his/her time with a kid. The physical custody parent is primarily responsible for providing a safe house and other essentials. Joint physical custody occurs when parents divide their parenting time equally.

• Legal Custody • this sort of custody gives a parent the authority to make major life decisions for their child. This can include concerns about the child's health, education, religion, location, and other factors. Even if they do not have physical possession, parents might be granted legal custody. Residential custody is another term for this. You have the option of requesting either legal or physical custody, and you must mention when filing your motion in court.

If you have any questions or concerns about child custody in New Jersey, please contact our office. Contact an expert New Jersey family law attorney now to discuss your alternatives.

How Do Children Share Their Views?

Because the circumstances can be emotional and frightening, children rarely testify in court. Instead, they usually discuss their concerns with the judge, a custody evaluator, or someone appointed by the court to represent their interests (such as a guardian ad litem).

Interviews with the judge are typically held in the judge's chambers and are so referred to as in-chambers or in-camera hearings. A court reporter and the child's legal representative are usually present. In some cases, the parents' solicitors are also permitted entry, but not the parents themselves.

Some judges explicitly ask the child who they wish to live with, while others simply inquire, "What do you do for fun with your dad?" etc.

Please Contact Our Firm

We realize how stressful and painful family law proceedings may be. Please do not hesitate to call our experienced firm if you require the aid of a skilled attorney to help to save your right to your family. We are eager and committed to assisting you through this tough time. Our expert New Jersey Family Law Attorney are available for a free initial consultation. Please contact us right away.

Eric Davis
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