Are You Facing Child Custody Issues In The US?
Children give our lives the ultimate meaning. Nothing comes close in comparison to the fulfillment that your children can give you. When you come home from work, all tired and exhausted, you get instantly rejuvenated when you see your kids and their little beaming smiles when they rush to hug you.
But, as with almost everything else in our lives, there are good times as well as tough ones, and there also comes an unfortunate time when you have to stay separated from them due to family or relationship problems with your spouse. In such conditions, you need the power of the law by your side. If you are going through family problems and find yourself frequenting the court for child custody, you need to keep yourself updated with the NJ child support laws.
Child Custody Laws
In the wonderful city of New Jersey, children have a constitutional as well as a fundamental right to be completely financially supported in whichever manner possible – not only by one but by both of the parents as per the NJ family law. The child support is a form of financial support that one parent provides to the other (Usually the father to the mother) for the benefit and care of the child. If you’re to fight for your child custody, here are some of the child custody issues that you must need to know:
The Most Common Child Custody Issues You Can Face
#1. Which one of the parents has a right to the sole custody without any court order?
Depending upon the context, under most of the conditions, both of the parents have the right to sole custody of the children. There can be exceptions to this, for example, in case there is any evidence of abuse against one parent, the other one will get sole custody of the kid.
#2. What does the law mean by “the best interest of the child”?
The courts are obligated to make all of the child custody decisions entirely based on what is considered by them to be in the “best possible interest of the child”. This is a general statement, there is no absolute standard to follow but there are some common factors that the judges consider such as; the child’s age, the child’s physical health & development and also the emotional condition, also whether or not the child was abused or was a victim of domestic violence.
#3. How much weight does the child’s custody preference hold?
While reviewing the case, the judges will be giving much more weight to the preference of children who are older such as teenagers than those who are much younger. Naturally, there can, of course, be exceptions to this as well.
#4. What rights does a parent (who has legal and physical custody) have?
The parent who has the legal, as well as the physical custody of the child, has the right to make all kinds of decisions on behalf of the child which includes; all health, medical care, and treatment-related decisions. They are responsible for decisions related to their education and higher studies as well. They have the right to teach the child about their religion.
The physical custody also gives the parent the right to have the child reside with them. But in case you have the physical custody but not the legal custody then you do not have the right to make decisions for the child. Only the parent with the legal custody is obligated to make decisions that affect the future of the child.
#5. Do you need to hire an attorney to get the child custody?
A case such as a child custody rights is very emotionally exhausting, and it can be very stressful to deal with it due to the complex legal problems. It is recommended that you hire a good child custody lawyer such as Trimble & Register as soon as you are aware that there could be a child custody issue in your relationship. You must protect the rights of your children along with yours.
How does the child support system work?
No matter what the outcome of the custody arrangement is, under the New Jersey law, both of the parents are under the moral as well as legal obligation to provide the financial support to their child until the child becomes an adult, at the age of 18. The NJ Child Support Law also emphatically states that the children are completely entitled to share the current and the future income of both the parents until they reach the age of maturity. In this manner, the New Jersey child support laws mange to distribute the cost of raising a child equally among both of the parents.
In most cases, the parent who lives in alternate residence will pay the child support to the parent who is living in the primary residence to help support the child’s upbringing. The rights regarding the child support belong entirely to the child, and not to any of the parents receiving it. The parents are also not entitled to negotiate the cost of the child support as it will be calculated and decided upon by the New Jersey Child Support Law and the New Jersey Child Support Guidelines.
Child custody is the most difficult issue that parents face during their divorce. The attorneys at Trimble & Register can help you protect your child’s rights to be raised in a healthy, thriving environment.
Facing child custody issues in the US, call Trimble & Register at 856-232-9500 or Contact Us Online to schedule a consultation with a family law attorney in New Jersey.