Visitation Attorney New Jersey

When you are entering a divorce and you have children under the age of eighteen, determining custody can be difficult and stressful. New Jersey determines custody as to what is in the best interest of the child. Depending on how old the child is, the child’s preference may be a factor in determining custody. However, what the child wants is not always consistent with the child’s best interest. The legal terms referring to custody can be confusing. It is extremely important that you do not make any custody decisions without the advice of an experienced New Jersey custody attorney.
The New Jersey Statute 9:2-4 states the public policy that minor children should have frequent and continued contact with both parties after a New Jersey separation or divorce. It is in the public interest that the parents share the rights and responsibilities of child rearing. However, each case is different and the facts of your case may cause reason for a departure. Outlined below are child custody terminology often used in New Jersey Custody cases:

  • Joint Custody – Joint custody means that both parents have the right to make decisions regarding the education, health, and welfare of the child. It is common in New Jersey for parents to have joint custody of their children. For example, this allows both parties to discuss which college a child may attend or which doctor the child should see.
  • Sole Custody – Sole custody means that one parent has the right to make all the major decisions regarding the child’s health, education and welfare. Even if a parent has sole custody, the other parent can still have visitation with the child.
  • Parent of Primary Residence  or residential custody– This refers to whom the child will primarily live. This will likely determine where the child will go to school
  • Parent of Alternate Residence – this refers to the parent who will be exercising visitation.
  • Shared Custody - Typically this term refers to two parents who will have essentially equal parenting time with the children.
  • Visitation – Previously referred to as parenting time, is a legal term regarding the opportunity of the child to spend with the parent that does not have residential custody.
  • Custody Battle – When the parties can not agree as to the above terms, a custody battle can occur. At that point, the parties will need to termine whether or not experts will be needed. It will then be up to the Court to determine whether this is a joint or sole custody matter, who should be the parent of primary residence, who will exercise visitation and what should that visitation be.

Contact The Law Office of Regan A. Barbetti, LLC Today

For the customized legal representation you need for your Visitation case, please contact us today. Our firm understands that each case is different, which is why we are always guided by the uniquely personal issues of each client and the various economic factors that exist.

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