A divorce can be a painful ordeal for all involved. When a child is involved in a divorce, it can make an already emotional time too much to endure. New Jersey courts have the child’s best interests in mind at all times and when a case goes to court, the judge must first consider what’s best for the child. Whether one parent has sole custody or both have a shared custody arrangement, the court will address the home life of the child during the course of the case. In a rare time when a court finds a parent unfit, they may decide that sole custody is best for the child’s well-being. This brings up a lot of issues related to visitation. Even though a parent may not be able to care for their child, they may still want to be a part of the child’s life and work towards becoming a fit parent in the eyes of the court.
In addition, New Jersey courts believe that a divorce should disrupt a child’s life as little as possible and any positive relationships should continue. In these cases, grandparents and other siblings deserve to be a part of the life of the child. At Paris P. Eliades Law Firm, LLC, we understand the importance of positive familial relationships and work to protect them in the face of emotional court battles.
Sole custody complicates child visitation
Normally, parents have some type of joint custody and visitation structure that serves the interests of the child and continues the positive familial relationships the child has come to know. Unfortunately, there are times when a parent may not be able to care for their child or the court deems them unfit to be a guardian. In those cases, the other parent may be awarded sole custody. The guardian has physical and legal custody of the child, leaving the other parent with limited rights. As New Jersey courts must act in the best interest of the child, this is sometimes reality for some families. Even though one parent has sole custody, New Jersey believes that the other parent should have an ongoing opportunity to prove themselves to the court, whether the visits are supervised or unsupervised.
New Jersey believes that the child’s best interests are met when positive relationships continue through a divorce and beyond. A divorce should work to disrupt a child’s life as little as possible. Whether a parent has sole custody or just physical custody, they must either agree to terms or have the court pass down a visitation schedule. In circumstances where siblings and grandparents want access to the child, there are laws in place to assist these people with gaining said access. An application for visitation can be drafted and brought to the court. This addresses a balance between the best interests of the child and the possibility of a hostile custodial parent. Once an application is successful, the court will pass down an order everyone has to abide by. If you need a law firm to draft an application for visitation, contact Paris P. Eliades Law Firm, LLC today.
Mediation and child visitation
Sometimes parents want to work together to make an amicable arrangement that serves everyone’s interests. Though a court will have the final say in all matters related to children, parents may use mediation to agree to terms. Even in cases of sole custody, the custodial parent might understand the importance of the parental relationship and offer the opportunity for the other to prove their ability to parent over time. In these cases, some families are able to put emotions aside and use mediation to come to the best conclusion for the family, and most importantly, the child.
Call a Sussex County attorney committed to positive familial relationships
At Paris P. Eliades Law Firm, LLC, we understand the importance of a continuing, positive, and fruitful parental relationship. We hope to assist families through troubling times and do what is in the best interests of our clients and their children. If you need legal advice, documents drafted, or an effective mediation practice, Paris P. Eliades Law Firm, LLC is here to serve. Contact us today for a consultation.
48 Sparta Avenue
Sparta, NJ 07871