In the United States, divorce is a reality of life. Over 50% of marriages end in divorce and when one involves children of any age, the resulting change can have profound effects. Many times, this law matter is highly emotional and often disputed. Both parents have worked hard to have a positive relationship with their children and the idea of sharing a child’s time is too much for some. It is crucial that these matters are handled quickly, efficiently, and with the guidance of a skilled legal professional. We understand that the healthy growth and development of a child relies heavily on quality time spent with each parent. If a child custody case goes to trial, you should have effective representation in order to protect your rights as a parent. Our committed attorneys will see your case through and guide you towards the best possible conclusion.
Sole, physical, and legal custody explained
When inquiring about child custody, it is best to educate yourself on the different types of custody that will be addressed by a court. Sole custody is a rarely-implemented child custody arrangement. In these cases, a parent is deemed unfit by a court in the face of overwhelming circumstances. When a judge hears an argument in favor of sole custody and reviews evidence supporting the claim, the unfit parent will lose parental rights but not visitation rights. According to New Jersey courts, a parent should have frequent and consistent access to the child and the unfit parent should have the right to prove their ability through an appropriate parenting time and visitation structure.
Most parents will have to address physical and legal custody. Physical custody refers to the parent(s) the child lives with more of the time and legal custody refers to the parent(s) who make the important legal decisions for the child. Even if a parent doesn’t have physical custody, they should fight for joint legal custody. Legal custody makes sure that the parent has the ability to be involved in the important decisions even if the child lives with the other parent more often.
Sparta mediation might be the best course of action
In some cases, people can work together to come to an agreement over the issue. Unless you are confronted with factors that might ultimately place the child in danger, a mediator will work to develop an effective parenting plan through mediation. The whole process of mediation must focus on the best interests of the child. Based on the relationship of the parents, the mediation process might be facing complex and sensitive matters. A mediator can help parents navigate these disputes and arrive at an effective parenting time arrangement. Any issue related to children will be brought before a judge. In some cases, parents and judges disagree on what constitutes the “best interests of the child” so all agreements must be decided by a judge.
Contact a compassionate firm to protect your family
The Sparta attorneys at Paris P. Eliades Law Firm, LLC are available to assist you in your child custody matter. In some unfortunate situations, a child custody case can be disputed and dragged out in court battles. During these tough times, parents can often not see the impact the process has on the family. Our diligent attorneys are ready to fight your disputed case and see that you are able to arrive at the best conclusion. In more fortunate cases, parents can work together through mediation to come to a parenting agreement that limits the impact of the divorce on the whole family and allowing for an amicable conclusion. If you have questions regarding custody, parenting time or visitation, we encourage you to contact the Paris P. Eliades Law Firm, LLC for a free consultation.
48 Sparta Avenue
Sparta, NJ 07871