Possible custody law adjustments come New Jersey

On behalf of Barli & Associates LLC posted in child custody on Monday, December 11, 2017.

Two bills have been introduced to the New Jersey state legislature that could significantly change future child custody decisions in the state. The bills offer the automatic presumption that any children belonging to divorcing parents will split their time equally between the homes of both parents.

If the bills get passed, parents will need to bring compelling arguments and evidence that 50/50 child custody arrangements will be harmful for the children. Barring this kind of evidence, the laws will require 50/50 shared custody arrangements.

The equal parenting requirement is a significant departure from the current laws on the books. At the moment, there is no such presumption, and courts make their decisions based on the best interests of the child. Court decisions usually reflect the court’s determination of which parent served as the child’s primary caretaker during the marriage. They also reflect the court’s determination of which parent and home offer the most stable environment, the preference of the child involved and how well the parents get along with one another.

The new bills would honor psychological evidence that appears to suggest that children benefit the most from spending as much time as possible with both of their parents. That said, these bills have yet to be approved, and we must wait to see what happens with them in the state legislature.

Whether you want joint 50/50 custody, sole custody or some other kind of child custody arrangement, you should evaluate your situation using the current laws and precedent surrounding your issue. Through such an analysis, you can determine your legal rights and options regarding your child custody matter.

Source: Asbury Park Press, “PAONES: Major change in child custody coming to N.J.?,” John and Victoria Paone, Dec. 07, 2017

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