When two parents are married, they share custody of their child unless a court order states otherwise. During a divorce, parents may find it hard to negotiate a co-parenting arrangement that is best for their child. Should your child live with both of you? How will you divide his or her time between your houses? If your child lives with one parent, how often will the other parent see him or her? These can be difficult questions to answer especially in the midst of divorce. But handling custody and parenting time during a divorce is very important. This is a crucial time for your family and what happens to your child during this time can encourage or hinder their ability to cope with the divorce.
If you and the other parent cannot agree on custody and parenting time during the divorce, you will need to get a temporary order that establishes the custody arrangement and a parenting time schedule to be followed while the divorce is pending. These are also called pendente lite orders. These orders terminate once the divorce finalizes and the judge issues final orders. While you do not have to seek temporary orders during a divorce, you may want to consider it for a few reasons:
A temporary order can protect your rights as a parent. It is not uncommon for one parent to withhold a child, interfere with custody or parenting time, or alienate the child from the other parent during a contested divorce. As a result, the parent-child relationship may suffer. It is very important you fully exercise your parental rights during a divorce. If you lose contact with your child or are unable to remain involved in his or her life, you could be at a disadvantage when it comes to the judge’s decision on custody. Thus, protecting your rights during the divorce is closely tied to protecting your rights after the divorce. When the judge makes a final decision on custody, he or she will consider the relationship between the child and each parent. Protecting that relationship while the divorce is pending is the best thing you can do to get a final custody award in your favor.
Do you have questions about custody during divorce? If so, Williams Law Group, LLC can help. Our skilled attorneys can defend your custodial rights. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at email@example.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.