Morristown Child Custody Lawyer
Social attitudes towards child custody and parenting time changed dramatically with the increase in the divorce rate in the last 50 years. Frank Grather has kept abreast of those changes as they are reflected in statutory and decisional law regarding parents separating and going through a divorce.
If you would like to speak with a lawyer about your family law concern, contact Broderick, Newmark & Grather, P.C. to arrange a consultation.
Child Custody Arrangements
According to State law, the rights of both parents to custody are equal. However, it is up to the court to decide what sort of custody arrangement is in the best interests of a child or children of divorcing parents. Accordingly, a court can enter an order regarding custody which may include:
- Joint custody to both parents comprised of legal or physical custody where a child or children live solely with one parent or alternatively with each parent with consultations on major decisions regarding health education and general welfare.
- Sole custody with parenting time for non-custodial parent.
- Any other custody arrangement; courts are directed to order any custody arrangement agreed to by both parents unless it is contrary to the best interests of a child or children.
Parenting Time
No matter what type of custody arrangements a court may order, it is the written public policy of this State to assure children (after their parents have separated or divorced) of frequent and continuing contact. In addition, the legislature has determined it is in the public interest to encourage parents to share the rights and responsibilities of child rearing to affect the public policy of frequent and continuing contact.
Contact Frank Grather for advice on how to effectuate a child custody arrangement that works for you and your child or children.
Factors Used by Courts to Make an Award of Custody
- The parents' ability to agree, communicate, and cooperate in matters relating to the child;
- The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantial abuse;
- The interaction and relationship of the child with his or her parents and siblings;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child's education;
- The fitness of the parents;
- The geographical proximity of the parents' home;
- The extent and qualify of the time spent with the child prior to or subsequent to the separation;
- The parents' employment responsibilities; and
- The age and number of the children.
