The parent who receives custody of a child during a divorce depends on what is in the best interest of the child.
New Jersey law requires that parents be treated equally regarding custody rights, meaning there is no gender preference.
Here are 7 things to know before child custody is determined.
Will my child need to appear in court?
In some custody proceedings, children are required to attend. The court will determine whether to speak with the children. Some judges will hold interviews with children in their chambers. However, you should not bring your child to court unless the court requires it.
What is the Parental Kidnapping Prevention Act?
The Parental Kidnapping Prevention Act is a federal law designed to protect custodians and their children from a child or children being moved to another state. The law allows the states to assist each other in custody situations.
What if my spouse wants to move the kids out of state?
Absent an agreement between spouses, a spouse must file a motion to request court approval to move out of state. There must be a good-faith reason for the move and that the child will not suffer from the move. The court considers several factors including the alternative parenting schedule for the non-relocating parent.
If I have custody, will I receive child support?
In some cases, yes. However, child support depends on the particular facts of the case in terms of the parties’ custody schedule and also the parties’ respective incomes.
What should I know before a custody trial?
You should know about your child or children and be an active part of their daily lives.
You should also know what to expect from the trial and prepare in advance with your attorney. You should know what you will be asked to testify to and what you will present to the judge to prove you promote the child’s best interests.
Can I collect my own evidence to use if my custody case goes to court?
Sometimes, collecting evidence is helpful. However, you must go over the evidence piece by piece with your attorney as not all evidence is admissible.
Do I need to use a Guardian ad Litem/custody evaluator?
A Guardian ad Litem is ordered in cases where the court needs someone to represent the child’s best interests separately and apart from the parties’ and/or the parties’ attorneys. He or she may do investigations into the fitness of the parents to determine who meets the needs of the child most.
A custody evaluator may be more common in cases that cannot be resolved in mediation. This is an expert hired either jointly or individually who is tasked with accessing each party and the children and weighing in on issues related to custody.
Cooper Levenson is a full-service law firm established in 1957. Cynthia N. Grob, Esq., a partner with nearly 20 years of experience in family law, can be reached at cgrob@cooperlevenson.com or by calling 856-857-5538.
