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child custody Archives

Your Teen and Your Divorce

All children process divorce differently and your teen will be no different.  They may be relieved if you and your spouse were constantly fighting or unhappy that mom and dad are no longer together.  They may experience a variety of emotions that they are unsure how to handle.  

Changes to NJ Custody Relocation Laws

If you are seeking to move to a distance that makes your current custody schedule difficult or impossible to follow it classifies as a relocation. In the event of a move that does classify as a relocation the party looking to move should obtain the written consent of the other parent or court approval. Previously, New Jersey courts primarily focused on if there would be any harm to the child in allowing the move. In a recent decision (Bisbing v. Bisbing) the New Jersey courts have shifted their focus to considering if the move is in the child's best interests. This standard puts the burden on the party looking to relocate to demonstrate how it benefits the child. It also allows for a better look at how the move affects both parents.

Hague Convention Implications

Enforcement of an international custody order is addressed by the Hague Convention on the Civil Aspects of International Child Abduction. Signatories to the Hague Convention are required to immediately return children if taken or retained in violation of a custody order. All countries who are parties to the Hague Convention must establish a "Central Authority." This office is responsible for dealing with any Hague Convention violations. For children removed from the United States, a petition for return should be filed through the U.S. State Department, Office of Children's Issues. From there, the petition is transmitted to the Central Authority for the other country involved and ultimately adjudicated there. It is important to begin the process as soon as a violation occurs for the best likelihood of having the child returned.

Changing School Districts?

Custody refers to both physical custody, which is the schedule parties follow, as well as legal custody, which is who makes important decisions for the child(ren). Often times parties will share legal custody meaning they need to communicate, and ideally agree, on major decisions impacting healthcare, religion and education. Which school district a child goes to is an example of an education decision that should be discussed in the context of shared legal custody. If the parties ultimately cannot agree on a school district, the court could intervene to make the final determination.

Limits on Grandparent Rights

Section 5325 of the Domestic Relations laws sets out the circumstances under which grandparents and great-grandparents may petition for partial custody/visitation. One of three conditions must be met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; or (3) the child has lived with the grandparents or great-grandparents for at least 12 consecutive months provided a petition is filed within six months after the child is removed from the home. However, in a 2016 decision, D.P. and B.P. v. G.J.P. and A.P., No. 25 WAP 2015, the Supreme Court of Pennsylvania for the Western District, held that Section 5325(2) intruded on the constitutional rights of the parents.

Changes to Grandparent Standing for Custody/Visitation

Section 5325 of the Domestic Relations laws sets out the circumstances under which grandparents and great-grandparents may petition for partial custody/visitation. One of three conditions must be met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; or (3) the child has lived with the grandparents or great-grandparents for at least 12 consecutive months provided a petition is filed within six months after the child is removed from the home. In a decision from September 9, 2016, the Supreme Court of Pennsylvania for the Western District, held that Section 5325(2) intruded on the constitutional rights of the parents.

Back to School - Custody

Fall is on its way and the school year has begun. Now is a good time to review your custody agreement to ensure a smooth school year. Your schedule may have changed from the summer and you should make sure you and your children are familiar with the new schedule. If you have shared legal custody, you will need to consult with the other parent regarding any decisions concerning the children's schools. If you have sole legal custody, you may still be under an obligation to keep the other parent informed and should refer to your custody order to double-check. It is generally a good idea to have a consensus about extracurricular activities for the children as well. If practices and games will occur on the other parent's custodial time, you will need their cooperation in getting the children to their events.

Divorced With Children: Issues You Need to Consider

If you are seeking a divorce and you and your current spouse are parents you need to lay the foundation for a happy and healthy future for yourself and your children. When divorcing there are both emotional and financial issues to consider. Issues surrounding children can be extremely contentious during a divorce, but a skilled attorney can help bring together to start working on issues together for the sake of the children.

How Do I Enforce a Custody Agreement in a Divorce Settlement?

When we work with you on your divorce, your divorce settlement agreement will contain all the important issues facing you and your spouse including who has what type of custody. If your relationship breaks down and one party refuses to recognize the other parent's custody rights, the aggrieved parent can try to have the agreement enforced in court.

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