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Going Through A Divorce With Children

Posted by Vincent C. DeLuca | Jul 24, 2015 | 0 Comments

When two people go through a divorce it can be an emotional, time consuming, and very stressful process. When children are involved it can become even more difficult; not just for the parents, but also for the children – no matter their age. A child may feel pressured to choose sides regardless of any pressure actually being placed on them. Sometimes one parent may even leave the state or country after their divorce and visitation or custody rights becomes even a larger battle.

Going Through Divorce with Children

Easing Child Custody Battles

Child custody conflicts are common when going through a divorce. Simply being aware of the effects that a divorce may have on children and being supportive of their wants and needs can help ease the situation on all parties. It is critical to also work with an experienced family law attorney who is qualified to represent mothers, fathers, grandparents and other interested parties involved in child custody controversy in a caring and compassionate manner.

Who Receives Custody?

The NJ Statute: 9:2-4 declares that it is the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage. It is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. Courts will determine who receives child custody by reviewing factors such as these:

  • Interaction of the child with the parents and sibling
  • Preference of the child (if 12 or older)
  • Stability of the home
  • Age and number of children
  • Fitness of parents
  • Parents' employment responsibilities
  • History of any domestic violence

Moving Out of State After A Divorce

Once a divorce is complete sometimes the parent with the custody of the children wants to move out of the state. A parent can move out of state if they are granted permission by the courts. The court looks at the many concerns before approving the move. These concerns include:

  • The reason(s) for the move
  • The reason(s) for the opposition
  • The past history of dealings between the parties
  • Whether the child or children will receive educational, health and leisure opportunities at least equal to what is available in New Jersey
  • Any special needs or talents of the child or children
  • Whether a parenting time schedule and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child or children
  • The likelihood that the custodial parent will continue to foster the relationship between the child or children and the non-custodial parent if the move is permitted
  • The effect of the move on extended family relationships in both New Jersey and the new location
  • If the child is of age, his or her preference
  • Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent
  • Whether the non-custodial parent has the ability to relocate
  • Any other factor bearing on the child's interest

NJ Divorce Law: Custody of Children

If you live in New Jersey, have minor children, and are considering a divorce, contact an attorney experienced in New Jersey family law. Vincent C. DeLuca of Villani & DeLuca, P.C., is one of a limited number of attorneys certified by the New Jersey Supreme Court as a Matrimonial Attorney. Contact Villani & DeLuca now for a free, no obligation consultation at 732-709-7757.

About the Author

Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...


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