Family Law FAQs

What Do New Jersey Family Law Judges Consider When Determining Child Custody?
In making child custody determinations, courts attempt to protect children's "best interests." This standard ensures a child's safety, happiness, physical, mental and moral welfare. Parental wishes will be rejected if inconsistent with the standard.

A number of factors bear upon a determination of what is in a child's best interest:

  • Parents' ability to agree, communicate and cooperate in child-related matters
  • Parents' willingness to accept child custody and any history of unwillingness to allow visitation not based on substantiated abuse
  • Interactions and relationship of the child with his or her parents and siblings
  • History of domestic violence, if any
  • Safety of child and safety of either parent from physical abuse by other parent
  • Preference of child, when of sufficient age, and capacity to reason so as to form an intelligent decision
  • Needs of the child
  • The stability of home environment offered by each parent
  • Quality and continuity of child's education
  • Fitness of parents
  • Geographic proximity of parents' homes
  • Extent and quality of time spent with a child prior to and subsequent to separation
  • Parents' employment responsibilities
  • Number and ages of children

Deitch and Perone, P.C., is here to help you through these tough times.

[Back to Top]

Can A Green Card Affect A Divorce?
Assuming that the marriage was not a sham or for fraudulent purposes, divorce does not adversely affect a spouse's immigration status after the spouse obtains a green card or permanent residence unconditionally. Furthermore, a divorce will not invalidate the green card or cause the U.S. Citizenship and Immigration Services (USCIS) to deny a citizenship application automatically.

[Back to Top]

How Do I Know If I Am A Victim Of Domestic Violence Under The Law?
You are a victim of domestic violence if you have experienced:

  • Beatings or physical attacks such as kicking, slapping, punching or hair pulling
  • Threats that make you fear serious injury to yourself or your children
  • Threats that make you fear for your life
  • Imprisonment within your own home or at another location
  • Forced sexual contact or rape under threats of harm to yourself or someone you care about
  • Embarrassment or alarm because of lewd or shocking behavior
  • Damage to your personal property
  • Forced entry into your home, with or without a weapon
  • Threats with a weapon such as a gun or knife
  • Repeated verbal humiliation and attacks

Deitch and Perone, P.C., is here to help you through these tough times.

[Back to Top]

What Are The Requirements For A Temporary Restraining Order In A Domestic Violence Case?
A temporary restraining order (TRO) is a court order that is put in place until the court can consider more evidence in the case. In most cases, a TRO lasts for only a few days, until a full hearing can be held. The main requirement for a temporary restraining order generally is that the party requesting the TRO will be immediately harmed in some way if the other party is not restrained.

[Back to Top]

What are the factors used when determining Child Custody?

Child Custody may be awarded to either parent, based on the best interests of the child. In making an award of child custody, the court shall consider but not be limited to the following factors:

  • The parents' ability to agree, communicate and cooperate in matters relating to the child.
  • The parents' willingness to accept child custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
  • The interaction and relationship of the child with its parents and siblings.
  • The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent.
  • The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
  • The needs of the child.
  • The stability of the home environment offered.
  • The quality and continuity of the child's education.
  • The fitness of the parents.
  • The geographical proximity of the parents' homes.
  • The extent and quality of the time spent with the child prior to or subsequent to the separation.
  • The parents' employment responsibilities.

The age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.

[Back to Top]

How Much Will I Have To Pay In College Expenses As Part Of A Custody Agreement In New Jersey?
When determining whether continued financial support for children attending college and/or parental contributions to college education are appropriate, the court will consider relevant case law and statutes, and use the New Jersey Child Support Guidelines if appropriate. The computation of child support can never be made in a vacuum as there is a close relationship between college costs and child support: that is, the higher the child support order, the less money remains available to contribute to college expenses. Another component impacting this child support calculus considers the portion of the expenses, if any, the student must be responsible to bear. Of necessity, many students share the financial burden of meeting expenses by utilizing savings, summer wages, co-op jobs, work study payments or part-time employment. In many cases, it also may be more appropriate for a parent to provide direct payments to the student for some of the child's support needs rather than providing payments to the other parent in the form of child support.

[Back to Top]

Who Is Collaborative Law For?
Collaborative divorce in New Jersey is for:

  • Parents who want to protect their children from the emotional damage of a divorce
  • Couples who want to protect financial assets; making good financial decisions during divorce is critical to the outcome of a fair and equitable settlement
  • Couples who want to keep their divorce private; privacy is an important dimension of the separation and divorce process
  • Couples who want to move forward with their lives

[Back to Top]