Father’s Rights In Custody Battles
Looking back at at least 30-years in divorce cases where there were children involved, the mother was usually awarded full custody except in rare instances. Times have changed and so have the laws regarding child custody. As soon as a divorce is agreed upon, each party must obtain a seasoned and experienced attorney. Never fight a child custody battle without an experienced lawyer by your side.
A divorce is stressful, contentious, and sensitive to everyone involved, especially the children. A divorce goes smoother if the husband and wife can communicate and settle their differences in a civil manner. However, this is not always the case. Severe conflict over custody of the children leads to unrepairable damages to the children. Excellent communication between husband and wife helps both maintain,
- An active relationship with the children
- Agreement of custody
- Support for each other and the children
These days both the husband and the wife have an equal chance to win custody of the children unless there are extenuating circumstances that prohibit one or both parents from gaining custody. However, the goal is the happiness and welfare of the children. Their feelings do matter in divorce cases.
This attorney helps you with custody, parenting time, visitation rights, custody arrangements, and other custody issues. We are with you from the beginning to the end and beyond your custody case. If we can settle a custody battle outside of court through negotiations, this is a better option for you and the kids. Our goal is to safeguard the best interests of your children.
Parents need to be able to treat each other with respect so that cooperating is always present to enhance co-parenting continues in the best possible way. We always stress to children caught in a custody battle that,
- They did nothing wrong, and the divorce is not their fault
- It gives them the chance to develop meaningful relationships in the present and future
- The child avoids resentment of either parent
- Enables the children to respect and get along with both parents
In New Jersey, the primary factor in any child custody hearings the goal is always the child’s best interests. Ideally, both parents should share the rights and responsibilities of the children. The rights of both parents are recognized. However, this reorganization does not always mean a 50/50 custody of the children.
The Judge examines each parent and decides the intentions of the father and mother, such as, is the mother or father inflexible and demanding. The Judge sees this as a negative persona. We guide and provide you with recommendations that do not harm your ability to gain at least 50 percent custody of the children.
Custody Involves The Following
- Decisions about medical care and education
- The parent with primary physical custody lives with the child more; the other parent is considered an alternate.
- Custody, legally and residentially shared by both parents.
- The Judge will probably deny custody if one or both parents are unwilling or unable to care for their children properly.
- The Judge can limit or order supervised visitation rights to one or both parents for the safety of the children.
The following are possible custody outcomes.
- Joint legal custody and joint residential custody
- Joint legal custody, but one parent has primary physical or residential custody
Facts That The Judge Considers
- An agreement, cooperation, and good communication between the parents and the children
- Willingness to accept custody
- Interaction between children and parent
- Domestic violence by the mother or father
- Preference of the children
- Needs of the children
- Stability of the home
- Quality of the children’s education
- Parents physical, mental, and emotional fitness
- Parents’ employment responsibilities
- Ages and number of children in the custody
- The closeness of homes of the mother and father
The parents must construct a plan during separation and after divorce and agree on how they split time with the child 24/7, including school days and breaks, school conferences and events, holidays, weekends, vacations, special days, a priority of days. Each parent must be willing to show flexibility.
That fact remains the father has the same rights to custody as the mother unless there is evidence to the contrary. Sex to determine control of the children is no longer a deciding factor in custody hearings.
A Call To Action For The Sake Of Children In A Divorced Home
We are a seasoned and experienced family law firm located in New Jersey. We are known in Hackensack and surrounding communities as fair, just, understanding, compassionate, and trustworthy attorneys working for the complete needs and benefit of the children in child custody hearings. We safeguard the best interest of your children.
We realize that some custody hearings involve extenuating circumstances that do not allow for this ideal outcome. The children’s welfare, safety, and happiness are at the forefront of each custody case.