How Is Custody Handled During Separation?

How Is Custody Handled During Separation?



When Parents Separate


When married couples separate, they are not required to involve the court and get court-issued orders on matters such as custody and parenting time. In fact, the court encourages separating parents to negotiate custody and parenting time agreements on their own as these arrangements tend to be most beneficial to the child. But reaching an agreement on matters as important as the custody of your child can be difficult, especially if you disagree on other matters as well. Unfortunately, when parents cannot agree on custody during separation, the child is the one that suffers the most. While it is not required to get a court order for custody and parenting time when separating, it is often highly advised especially if you and the other parent cannot agree and cooperate on these matters.

Obtaining Legal Protections

A court order on custody and parenting time will provide you with valuable protections. It can grant you legally protected rights to live with, make decisions about or spend time with your child. It can also prevent your spouse from taking your child out of the state without your permission or withholding him or her from you. And, perhaps most importantly, it can provide you with legal recourse if your rights are violated.

If you are separating and have a child, you should speak with an experienced New Jersey child custody attorney. If you and the other parent cannot agree on custody and parenting time while you are separated, it may be in your best interests to seek a custody order that can grant you rights and provide you with legal recourse to protect and enforce them. A valid custody order can help you protect your child from the animosity and conflict that could arise from ongoing disputes over custody and parenting time. A parenting time schedule can help establish a routine for your child and ensure he or she can spend time with both parents on a regular basis. In the midst of the conflict over separation, it can be easy to overlook the importance of continued contact between the child and both parents. But establishing a valid custody order and parenting time schedule can protect your rights and help you minimize the conflict your child is exposed to.


If you have questions about custody and separation, Williams Law Group, LLC can assist you. The skilled attorneys at Williams Law Group, LLC can help you navigate the process of seeking custody and help you 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, 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.



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