Understanding Child Custody Laws
Divorce is an area of family law that can be an emotionally taxing process, and can be intensified if children are involved. Child custody laws seek to set boundaries and guidelines in place once your divorce is final. Defining common terms in child custody law can be helpful in understanding your rights.
- Child Custody: The guardianship of children involved in a divorce case is determined by child custody laws. In New Jersey, custody law is divided into two areas: physical custody and legal custody.
- Physical Custody: This refers to the child’s actual location and where he or she lives. In some cases, only one parent has sole physical custody while the other has visitation rights. In other cases, both parents share joint physical custody. This schedule is determined by factors specific to your unique case.
- Legal Custody: This aspect of child custody refers to lifestyle and includes decisions regarding education, medical treatment, and religion. Legal custody may be granted to either one parent or both parents, based on the specific situation.
- Visitation: These laws refer to the rights of the non-custodial parent to spend time with their child. Visitation rights may be determined by the convenience of both parents, depending on the amicability of their relationship. It can also be established by a court-prescribed schedule.
- Support Laws: Adhering to the Child Support Enforcement Act of 1984, each individual state issues guidelines regarding payment. Typically, these parameters are based on a formula which determines the amount of payment based on the needs of the child and the income of the non-custodial parent.
We are here to help you carry the burden of legal worries so you can address the needs of your family.
Considerations for Your Child
If you are undergoing a divorce, you are undoubtedly concerned about your child’s well-being. Children are affected in many ways during and after this process. It is helpful to address their needs as soon as possible to make the transition more comfortable and secure for them. At Dunne, Dunne, & Cohen, LLC, we strive to manage these issues in a compassionate and timely fashion. These could include:
- Living Situation
- Visitation Rights
- Financial Support
When involved in a child custody case, it is beneficial for all parties if custody agreements are negotiated through mediation. If the process of mediation is unsuccessful, the custody and visitation issues are decided by the court on the recommendations of the Family Court Services mediator. We will provide professional legal guidance every step of the way. Whether your case is resolved through mediation or a trial, your lawyer will be in attendance to represent you.
Your Trusted Family Lawyer
At Dunne, Dunne, & Cohen, LLC, Leonard B. Cohen is our family lawyer. Understanding that transitional times such as this can be a source of worry and stress, he is fervently devoted to providing compassionate services. He can help you overcome this challenging time so you can begin to rebuild your quality of life.
Contact Us Today
If you have questions or concerns about family law matters, such as divorce or child custody, schedule a consultation. You can call one of our office locations or contact us online anytime. You can also call our office at (201) 998-2727 (Kearny) or (201) 998-2728 (Hoboken).