Divorce Attorney in New Jersey

Determining Physical Custody

In addition to the actual legal custody determinations made by the court regarding the children in a divorce, there will be the additional matter of physical custody to sort through. What exactly is the difference? Legal custody, usually granted to both parents barring some extenuating circumstances, determines a parent's rights to matters of the child's welfare, medical treatment and education. Physical custody is determined to establish an actual primary residence for the child or children, and also to establish visitation rights. For assistance with the determination of physical custody, a New Jersey divorce lawyer can provide valuable help.

In most cases, one parent receives primary physical custody over a child, although some circumstances warrant joint physical custody. The court will take many factors into consideration, including but certainly not limited to:

• The safety of the child and either parent from physical abuse
• The preference of a child, when at a significant age to form an intelligent opinion
• The overall needs of a child
• How stable a home environment is
• Continuity of the child's education
• The fitness of both parents
• How much "quality time" was spent with the child by a parent before the separation
• Attachment of the child to other siblings

The Court's have an affirmative duty to facilitate the best interest of the child by attaining for the child the love and affection of both parents rather than one. In most contested custody disputes, the Court will need to conduct a trial to determine which parent should be awarded custody of the children. Usually, the Court will obtain the assistance of mental health professionals to perform custody evaluations and make recommendations to the Court as to what kind of custody arrangement would be in the best interest of the child.

Finding a Parenting Plan that Works for Your Child

In the midst of a divorce, one of the most forgotten aspects is an effective parenting plan that considers the best interest of the child. Children need to maintain a relationship with both parents during and after the divorce to ensure their mental and emotional growth. Yet, many times the emotional and intellectual development of a child is not taken into consideration when developing a parenting plan. Instead, the parties, through no fault of their own, use the standard parenting time visitation plan which consists of overnights every other weekend and one midweek dinner visit. While this plan may be suitable and ideal for some older children, it is less effective for younger children

In most cases, there will be one primary parent (which is the parent who the child resides with a majority of the time and is responsible for nearly all of the day to day decisions of the child) and a secondary parent (the parent that does not reside with the child). One thing to keep in mind when formulating a parenting time plan is that visitation schedules are always modifiable and subject to the child's best interest. Therefore, it should be possible to modify parenting time to comport with your child's mental development.

Mental health professionals generally recommend a flexible approach that takes into account the children's need and development when formulating a schedule. It is suggested that when your child is zero to four months old, she reside with the primary parent the majority of the time as overnights at the secondary parent's home are not usually recommended. The secondary parent should have short frequent visits with the infant perhaps two to three times per week for periods of two to three hours.

With such an approach, at ages four to eight months, parents may consider increasing the length of visitation time to four to six hours. Infants may spend one or two overnights per month with the secondary parent. Parents should be aware that it is at this stage in the infant's life where separation anxiety may begin to develop. Parents would continue to monitor their child's behavior during pick up and drop offs and it may be necessary for the primary parent to stay longer during transitions. This plan would then continue until the child is about one year old

At age one to two years old, the secondary parent would have one eight hour visit on a weekend day not coinciding with an overnight. Also, parents should consider increasing overnights to four per month depending on how the child is handling the schedule.

At the age of two to three the secondary parent should have visitation two to three times per week for four to six hours with possibly one overnight per week depending on how the child is coping with the overnights. It is also generally recommended to avoid two consecutive overnights, unless the primary parent is unavailable. At age three to four, if overnights are still going well, then the parties should consider increasing parenting time to two non-consecutive overnights per week. Between the ages of four to five, it is recommended to begin telephone contact between the child and the secondary parent and to incorporate two consecutive overnight visits. Also, the secondary parent should have one to two other days of visitation for four to eight hours.

When your child reaches the age between five and eleven, you may want to consider block parenting time where the child spends three nights with one parent then two nights with the secondary parent and so on. There are many ways to vary this schedule. Block parenting time provides both parents the opportunity to participate in the child's schooling and everyday activities.

From the ages of twelve to eighteen years old, children become more independent so it is important for parents to be flexible regarding a parenting time schedule. Children at this age are involved in more extra-curricular activities and begin to experience increased stress at school. It is important to be understanding and cooperative with your child's need.

Obviously, these suggestions are very general and broadly applied. Every family situation is different and each child has different needs. It is important in all cases to remember, even though you and your former spouse are no longer married, you will both remain parents for life. It is important to work together to determine what is in the best interest of your child, so that your child will continue to grow and develop in a healthy way.

New Jersey Family Law Attorney

Matters of custody can be quite complicated, and when disagreeing spouses enter into the already complex legalities, the waters can easily be muddied further. We at the Law Offices of Steven P. Monaghan are committed to client care and satisfaction and to representing the interests of you and your children to the fullest. In this difficult time, you can count on our diligence and resources to put you on firm ground as you seek physical custody rights.

Outstanding legal counsel is available to you. Contact a New Jersey divorce attorney today for a prompt and full examination of your case.