Family Law FAQs
- What Do New Jersey Family Law Judges Consider When Determining Child Custody?
- Can A Green Card Affect A Divorce?
- How Do I Know If I Am A Victim Of Domestic Violence Under The Law?
- What Are The Requirements For A Temporary Restraining Order In A Domestic Violence Case?
- What are the factors used when determining Child Custody?
- How Much Will I Have To Pay In College Expenses As Part Of A Custody Agreement In New Jersey?
- Who Is Collaborative Law For?
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 and 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 the child and safety of either parent from physical abuse by the 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 the home environment offered by each parent
- Quality and continuity of child’s education
- Fitness of parents
- The 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
The legal team at Deitch & Perone, P.C., is here to help you through these tough times.
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.
How Do I Know If I Am A Victim Of Domestic Violence Under The Law?
According to the Township of North Brunswick, 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 & Perone, P.C., is here to help you through these tough times.
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.
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. According to N.J. Stat. § 9:2-4, in making an award of child custody, the court shall consider but not be limited to the following factors:
- Parents’ ability to agree, communicate and cooperate in matters relating to the child
- 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.
How Much Will I Have To Pay In College Expenses As Part Of A Custody Agreement In New Jersey?
This is a complex question, and there is not one simple answer. However, the court never considers support for college costs in a vacuum. Judges understand that money that goes to college support won’t be able to be applied to other child support costs and vice versa. The court considers case law and the New Jersey Child Support Guidelines, among other items, in coming to a decision.
In the case of Jacoby v. Jacoby, the court also noted that a student’s contribution to their own college costs should be considered and suggested that direct payments to the child might be a more appropriate solution than sending child support payments to the other parent to be used to pay for college.
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