Answers to FAQs From A Child Custody Lawyer In Linwood, NJ

by | Jul 15, 2016 | Child Custody

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In a perfect world, there would never be a need to consult a Child Custody Lawyer Linwood NJ. Unfortunately, there are times when it’s necessary to protect the best interests of the child. Legal action may be necessary.

There are some questions that are frequently asked concerning New Jersey custody laws.

Q. Which parent will get custody?

A. In New Jersey, both parents are considered equal. An analysis of the best interests of the child will determine custody.

Q. If there is shared custody, can one parent still receive child support?

A. Yes. The dependent parent will be able to receive child support, although in a lesser amount.

Q. If child support isn’t paid, can the custodial parent refuse visitation by the other parent?

A. No. Consult a child custody lawyer in Linwood NJ to file a petition with the court.

Q. Can my child decide which parent to live with?

A. Maybe. Some judges will consider the wishes of the child if the child is old enough and has credible reasons, but this is not always the case.

Q. Do grandparents have any rights in New Jersey to custody or visitation?

A. Not normally, but it is possible. The grandparent must prove that custody or visitation is in the best interests of the child and will prevent harm to the child.

Q. Is a parenting plan necessary?

A. Yes. Unless parents agree to a custody arrangement, then each parent must prepare and submit a parenting plan to the court. This should include information regarding the parents and their jobs, the proposed custody arrangement and a schedule for visitation and holidays.

Q. How is a decision reached on custody?

A. Unless a final restraining order has been entered because of domestic violence, custody questions may be decided during mandatory mediation. If mediation is unsuccessful, the court will make the decision.

Q. Can custody arrangements be changed later?

A. A custody order can always be modified if circumstances have changed and it’s in the best interests of the child.

Michael T. Wolf Esq is an experienced Child Custody Lawyer Linwood NJ. He is focused on family and matrimonial law, devoting all of his expertise and knowledge to achieving the best possible outcome for each case. Visit the website to learn more and contact the office.