Many factors can influence and affect a custodial arrangement for a family. Whether a parent is deemed fit to care for their child, for example, considers any impairments to their mental or physical health, history of substance abuse, and financial ability to provide for the child.
If you are entering custodial proceedings in court or negotiating parenting responsibilities with an ex-spouse, professional legal guidance could make a substantial difference in your case. A skilled attorney on our team could recommend steps to take toward a positive outcome and explain the important factors that can impact child custody in Short Hills.
Every divorced parent will have a status of custodial or non-custodial. A parent could also be non-biological or adoptive, often referred to as a “psychological parent.” A psychological parent, by virtue of their relationship with a child, takes on all of the emotional, financial, and day-to-day responsibilities of a custodial parent. In this scenario, the child has such a substantial bond with that person that it would harm them if the relationship did not continue.
However, a court must grant a person the title of psychological parent for them to be legally recognized as such. When someone is legally declared by a judge to be a psychological parent, they retain full parental rights, entitlements, and responsibilities – including child support. A dedicated attorney could help a psychological parent understand the different factors that can affect child custody and parenting rights in Short Hills.
In New Jersey, one must seek a court order or the consent of the other parent to relocate a child out of state. Prior to 2018, the law favored relocating with the child as long as doing so was not harmful to them. However, the law changed in August 2018, mandating courts to examine a parent’s proposal to relocate out of Short Hills with their child using the best interest of their child standard.
Unfortunately, relocation disputes can affect various aspects of parenting plans, including visitation time and physical custody. For this reason, any parent who is concerned about how their proposed move could affect their custodial rights should consult with a local attorney.
When seeking custodial rights, parents must appear fit and able to care for their child. A persuasive litigator could help reinforce the positive traits of either party to assert their capabilities as a parent. However, there are also certain factors that could negatively impact a petition for child custody in Short Hills, which may require the assistance of a dedicated attorney to navigate.
If a parent with a substance abuse disorder is not in remission, there are certain circumstances that will prevent them from gaining custodial status. For example, if they were previously accused of child abuse or neglect, there is a presumption of sole legal custody by the other parent until the cause of the finding is remediated and they are in remission. Someone who has been in treatment for substance abuse for less than one year may not be considered to be in remission.
If a parent was found to be physically abusive, there is a presumption that the child is safer in the care of the other parent until the problem is effectively resolved. The offending parent can still revisit the issue of child custody with the help of an assertive attorney if they have sought help and received the appropriate intervention.
Domestic violence laws in Short Hills presume that the non-abusive parent should have sole legal custody. This initial determination is made as soon as a restraining order is entered, according to state law.
Either party can still litigate the issue of child custody even if one parent takes protective legal measures against the other. It is not uncommon for parents to have joint legal custody despite an outstanding restraining order between them. In this scenario, the parties should communicate through email, text, or some other written form so there is a record of what is said. If the parties are speaking solely about the well-being of their child, the court can refer to written correspondences to confirm that there are no violations of the restraining order.
Our Short Hills lawyers could positively affect the determination of child custody in a variety of ways. The court must consider legal factors to grant custody, and they are focused on getting the information that fits these standards. Our well-practiced attorneys understand what the court is looking for and can gather the necessary materials on your behalf.
If you are a parent beginning the marriage dissolution process, let our team help you understand the important factors that can impact child custody in Short Hills. Call today to speak with our knowledgeable legal team about your case.