CUSTODY, PARENTING TIME, VISITATION, CALL RICHARD F. FRIED, COUNSELORS AT LAW, METUCHEN, NEW JERSEY (732) 603-1115

RICHARD F. FRIED, COUNSELORS AT LAW

61 PEARL STREET

METUCHEN, NEW JERSEY 08840

FAX (732) 200-1088

JUST CALL

(732) 906-6600

Custody and Parenting Time are often the two most hotly contested divorce issues for concerned parents

The decisions you make concerning your time with the children of your marriage (or dating relationship) may effect your life for years to come in ways you never could have anticipated without counsel of a knowledgable attorney.

Know the difference between legal custody and physical custody before you enter the court room. Don't be lulled into temporary arrangements against your wishes to appease a combative spouse. Almost every family qualifies for joint “legal” custody between both parents.

Remember that property and money can always be replaced. Your relationship with your child is priceless.

Factors in Child Custody Disputes:

1.the parents' ability to agree, communicate and cooperate in matters relating to the child;
2.the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
3.the interaction and relationship of the child with its parents' and siblings;
4.the history of domestic violence, if any;
5.the safety of the child and the safety of either parent from physical abuse by the other parent;
6.the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
7.the needs of the child;
8.the stability of the home environment offered;
9.the quality and continuity of the child's education;
10.the fitness of the parents;
11.the geographical proximity of the parents' homes;
12.the extent and quality of the time spent with the child prior to or subsequent to the separation;
13.the parents' employment responsibilities;
14.and the age and number of the children.

Now that you know the factors, you can make an educated decision as to whether it would be more appropriate for either you or your spouse to have physical custody. In some rare circumstances it is possible to have shared physical custody, sometimes called “split” physical custody. Although these types of arrangements are becoming more common, opinions vary widely as to whether the children are well served by them.

I’d be happy to sit down with you to discuss these important issues in depth. We can weigh your options and discuss the ramifications of various arrangements. With proper planning, it is possible for you to maintain a rewarding relationship with your children after divorce. But it usually takes two caring parents who are willing to put their differences aside for the sake of the children. Hopefully each party’s “better angels” will prevail. As your attorney, I will work with you to create a parenting plan to make that possible.