At Cores & Associates, we know how important your children are to you.
Our attorneys are sensitive to protecting your children’s rights throughout the divorce process. We know what judges expect and we have experience working with the mental health professionals that are often brought into custody disputes. We are considerate, discreet, and non-judgmental when it comes to the multitude of issues relating to children and divorce.
At Cores & Associates, New Jersey Family Law is the focus of our legal practice. Since our firm began serving the needs of New Jersey families, we have become recognized as a law firm other lawyers look to when they need help in their own personal family law matters. Legal professionals, doctors and business executives turn to us when their children’s interests are at stake in divorce.
Contact us at 732-414-6669 to discuss your child custody concerns. When it’s about your children, experience matters.
We represent clients the following types of cases:
- Child Custody
- Child Visitation
- Parenting Time
- “Removal Case” or out of state/country relocation
- Name Change
- International Custody
- College Contribution
- Child Support
- Kidnapping (Hague Convention cases)
Custody and Visitation
When parents divorce, the Final Judgment of Divorce and settlement agreement will specify with whom the child will live, and how often and under what circumstances the other parent will visit with the child. Most often, parents work out these arrangements between themselves, either voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, or when unmarried parents are unable to agree on who will have custody of their child, the court will make a decision based on the best interests of the child.
In many situations, physical custody is awarded to one parent, who we call the parent of primary residence. However, most often the parent of primary residence shares “legal custody” of the child with the parent of alternate residence. “Legal custody” includes the right to make decisions about the child’s education, religion, health care, and other important concerns.
Physical custody denotes the time spent with the parents. There are many different terms used, such as parent of primary residence, primary residential parent, custodial parent, parent of alternate residence. The terms often reflect the amount of time spent with each parent.
If allegations of physical abuse, substance abuse, or other potentially harmful conduct, have been raised against the a parent, any parenting time granted may be subject to supervision by a neutral third party. If this has happened to you contact our office immediately at 732-414-6669 to schedule a consult with one of our attorneys.
Some parents have chosen a joint physical custody arrangement, in which the child spends an equal amount of time with both parents. Since joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the child’s sake. Another option is split custody, in which one parent has custody of one or more of the parties’ children and the other parent has custody of the other(s). However, courts usually prefer not to separate siblings when issuing custody orders.
In New Jersey child support is calculated using the Child Support Guidelines. The guidelines assist us in calculating the appropriate amount of child support to be paid based on the some or all of the following: the income of the parties, the cost of health insurance, cost of work-related child care, any extraordinary expenses, the amount of alimony paid or received, whether there are children from another relationship, whether there is a prior existing court order, the number of overnights the children spend with each parent annually, etc.
The goal of a child support order is to ensure that children are not financially disadvantaged by divorce or separation of their parents. The goal is also to make sure that the children share in the post-divorce, or post-separation financial success of both parents. This is different from alimony where the supported spouse may only receive support sufficient to maintain the marital lifestyle. Children are entitled to the support of their parents when there is a post divorce increase, if a parent earns more money.
Courts tend to favor increasing child support after a divorce or separation and disfavor reducing support. Therefore, post-judgment motions to decrease child support are difficult and often not successful.
If you have any questions about fixing or modifying child support please contact our office at 732-414-6669 for a free initial consultation.