Articles Posted in Child Custody

Grandparents' DayGrandparents’ Day falls on September 11th this year. Since 1979, the Sunday following Labor Day has been proclaimed Grandparents’ Day by every President of the United States beginning with President Jimmy Carter. While a happy day for most, Grandparents’ Day can be difficult for those who are denied the right to visit their grandchildren regularly.

Applying for Grandparent Visitation Rights in New Jersey

In New Jersey grandparents may ask the court to grant them visitation rights if the grandchild’s custodial parent is against it. The marital status of the child’s parents does not matter, but you may not apply for visitation rights if the child has been placed into adoption by anyone other than a stepparent.

Relocation with Children in New JerseyA custodial parent in New Jersey who wants to move to another state without the consent of the other parent must obtain a court order. In order to obtain that court order, the party wishing to move has to show that the request is being made “in good faith” and that the move will not harm the child in any way.

When a Divorce Agreement Modification Might Be Needed:

A Case Study

out of state divorceWe have a mobile society, and after separation or divorce, it is not uncommon for one of the spouses to move out of state. If either of them later decides to file for divorce or to request a modification in a divorce, then residing in two different states—or even different countries—makes it a little more complicated.

The first step is deciding where to file. It is imperative to file in a state that will have jurisdiction over your case. The most important factor is residency.

What if you want to serve divorce papers or file a request for modification of a divorce in New Jersey, but your spouse does not live in the state?

divorced dads and fathers dayOn June 19, 2016, Father’s Day will be celebrated by fathers throughout New Jersey. Most divorce agreements state that Father’s Day will be included in the father’s parenting time. For many divorced dads, however, this will be a bittersweet day.  As much as they enjoy spending the day with their children, they are saddened that their time together is limited.

Parenting Time

For many years mothers were routinely awarded sole residential custody of their children except in extreme situations, such as violence or abuse. Recently, however, New Jersey courts have begun to consider fathers’ rights to be on a par with mothers’ rights. More and more frequently they have ruled in favor of joint residential custody when requested by the father.

tri-parentingChanging Views Regarding a “Typical Family”

The Mirriam-Webster Dictionary defines a family as “the basic unit in society traditionally consisting of two parents rearing their children.” Sociologists define it as a group that society recognizes as being connected to one another by blood, marriage, or adoption; its members are tied to one another emotionally and they provide for each other’s well being.

Our ideas regarding the make-up of a typical American family have changed over the last few decades. Not that long ago, the traditional American family was thought to comprise a mother, a father, and their children. Today single-parent families as well as “cohabitation” families, in which the parents do not marry, have become quite common.

diverse family unitsMother’s Day can be a source of difficulty for many children—especially young ones. Every year Mother’s Day is celebrated and promoted across the nation, including in the curriculums of preschools; elementary schools; and other community groups. But what about children who do not have a mother who plays a role in their life? Or those who have two mothers, two fathers, grandparents raising them or another family situation?

The list of variations can go on as we recognize the changes and diversity of family structures:

• Children whose mother has died or is seriously ill.

child custody schedule visitationHolidays — especially in the first year of a divorce — can be a difficult time for parents and children alike. For one thing, holidays often bring to mind memories of happier days when everyone celebrated together. Holidays may intensify children’s feelings of longing to return to that time before their parents were divorced.

Although there are bound to be many changes in the children’s holiday customs, it is possible to create new traditions that will also become an important part of their lives. If you strive to present them in a positive light, it can be easier for the children to accept the new traditions and to adjust to the changes in their lives.

Using your child custody agreement to help outline visitation and parenting time schedules to spell out the details for handling holidays and special events can be a positive means for all involved. Having such things discussed and decided ahead of that holiday can make it easier for all to stick to that agreement. This can not only help eliminate a future source of conflict but also helps the children get established into their new routines.

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