SIGNIFICANCE OF CHOOSING A CHILD CUSTODY LAWYERS BERGEN COUNTY NJ
A divorce is not wholly about a couple, as it also involves deciding on arrangements related to the guardianship of kids. Parents (irrespective of whether they are married or not) are entitled to arrive at conclusions regarding the detainment of their wards. The state of New Jersey recognizes a set of guardianship rules that is more or less similar to those acknowledged in other American states. The Law Offices of SRIS, P.C., has extensive knowledge on the subject and can be your point of contact during such requirements.
However, there are a few distinctive attributes that may not be applicable in other American states. It is essential to have a clear understanding of these attributes while filing requests for acquiring guardianship rights in the state courts. Child custody lawyers Bergen County NJ can provide detailed clarifications to better apprehend the requirements of a kid detainment lawsuit. At the very end, the parents will be required to come up with an arrangement that is simultaneously favorable to each of them.
Child custody lawyers Bergen County NJ can help with deciding on the parenting patterns that would eventually stand applicable after the legalization of the divorce decree. A parent, who goes against the terms quoted in the drafted guardianship arrangement, is expected to face legal scrutiny.
The state legislation recognizes various forms of guardianship. Child custody lawyers Bergen County NJ are well acquainted with the ways with which each guardianship arrangement work.
Legal guardianship
A parent, who is lawfully announced as the legal guardian of a kid, is therefrom bestowed with the right to decide on the crucial affairs of the latter. Child custody lawyers Bergen County NJ consider this guardianship right as a lawful power to have a say in deciding and tending to daily and crucial requirements of the ward. For instance, the legal guardian will get to have an upper hand in determining the education, medical attention, recreational necessities, and religious scope of the ward. Child custody lawyers Bergen County NJ know for a fact that legal guardianship can either be sole or joint by nature.
In joint legal guardianship, both the parents are declared to be the legal guardian of the ward. Therefore, each parent will have equal rights to render active participation while arriving at conclusions concerning the development and welfare of the kid. Child custody lawyers Bergen County NJ observe fairness in this type of legal arrangement since each parent gets to have equal opportunities in ensuring the well-being of the kid.
When it comes to sole legal guardianship, only one parent will get to have the power to decide on the affairs concerning the ward. Child custody lawyers Bergen County NJ can assist in acquiring the sole legal guardianship rights of a kid.
Physical guardianship
Child custody lawyers Bergen County NJ describe this guardianship as a provision to detain a kid physically. The ward gets to reside with the parent, who is lawfully bestowed with this guardianship. Child custody lawyers Bergen County NJ are familiar with the fact that physical guardianship can either be granted solely to one parent or jointly to both parents, like legal guardianship.
When it comes to sole physical guardianship, the ward gets to remain with one of the parents, while the other is permitted to visit the ward regularly. The pattern of visitation for the non-guardian can be determined with the help of child custody lawyers Bergen County NJ.
In joint physical guardianship, the kid gets to live with both the parents simultaneously. For instance, child custody lawyers Bergen County NJ can recommend each parent to detain the kid during alternative weeks. In some cases, child custody lawyers Bergen County NJ may also suggest monthly patterns of arrangement wherein the ward will be required to live with each parent during alternative months. Child custody lawyers Bergen County NJ may also recommend the parents to retain the ward alternatively between school days and summer vacations to avoid stressing the kid by making it mandatory to move between places frequently.
Joint guardianship vs. sole guardianship
The state courts considerably prefer joint guardianship to sole guardianship to thereby ensure equal contact between the ward and each parent. Child custody lawyers Bergen County NJ are acquainted with the fact that the state legislation favors joint guardianship to protect the relationship of each parent with the kid. Therefore, child custody lawyers Bergen County NJ and state courts incline more towards drafting and finalizing parenting patterns that equally provide rights to each parent for detaining and taking care of the ward. Most importantly, child custody lawyers Bergen County NJ and judges genuinely believe that it is the joint responsibility of both parents to ensure proper living standards for the kid.
Child custody lawyers Bergen County NJ may avoid preferring joint guardianship in cases wherein one of the parents is legally, physically, emotionally, or financially unfit to raise a kid. The following are some of the circumstances that make parents unfit to raise kids.
- If a parent is found to have been convicted for illegal narcotics or alcohol abuse in the past.
- If the parent is found to possess records of being involved in domestic or physical abuse in the past.
- If the parent did not render active participation in the upbringing of the kid during the past.
Child custody lawyers Bergen County NJ consider sole guardianship appropriate during the following circumstances.
- In cases wherein a parent was the primary caretaker of the ward: Child custody lawyers Bergen County NJ would find it right to award sole guardianship to parents, who majorly took care of the kid in the past.
- In cases wherein the parents have two or more kids: During these circumstances, one of the parents assumes complete responsibility for a kid, while the other is announced to be the guardian of the other kid/kids. Child custody lawyers Bergen County NJ would instruct the parents to come up with lawful guardianship agreements to avoid rendering room for ambiguities related to detainment rights in the future.
Parents will also be required to come up with decisions related to the support of a kid. If you want guidance talk to your Child custody lawyers Bergen County NJ. The lawful guardian of the parent will be entitled to take care of the kid. But the non-guardian becomes responsible to pay for the requirements of the kid. Therefore, the guardian of the kid is bound to receive regular compensations from the non-guardian for meeting the financial necessities of the kid. Child custody lawyers Bergen County NJ can provide effective guidance to come up with agreements that specifically elaborate on the terms related to the support provided to the ward by the non-guardian.
When are the preferences of a kid considered?
Child custody lawyers Bergen County NJ would consider paying attention to the preferences of a kid in issues concerning guardianship only when the latter is found to be 12 years of age or more. But the judge has the right to make the final call and decide on the parenting pattern that best suits the well-being of the ward. Child custody lawyers Bergen County NJ pay ample consideration to the best interests of a kid while working on guardianship arrangements. Kids can choose their guardians only after reaching the age of 18.
Mediations
Almost all parents seek to acquire the physical guardianship rights of a kid. Experienced child custody lawyers Bergen County NJ work towards achieving the results desired by their clients. But child custody lawyers Bergen County NJ are usually not the immediate sources of refuge when it comes to contested guardianship issues. If both parents stand firm in acquiring the rights to physically detain the ward, the court opts to appoint representatives to mediate between the couple. Child custody lawyers Bergen County NJ know for a fact that mediators are completely sponsored by the courts. Thus, the parents need not pay for the scheduled mediation. Child custody lawyers Bergen County NJ are also familiar with the initiatives taken by the courts to respect the confidentiality of the details exchanged during this mediation.
If couples fail to achieve consensus through mediation, the court appoints experts to come up with an evaluation of the issues expressed by the disputing parents. You can also consult your Child custody lawyers Bergen County NJ for advice. After examining all issues, the experts submit reports deliberating on the possible solutions. The parents are allowed to go through these reports. In several cases, the parents find these solutions satisfactory and appropriate and thereby reach a settlement using the advice of the experts. If the parents do not agree to the alternatives expressed in the reports submitted by forensic experts, they can hire personal child custody lawyers Bergen County NJ for further assistance. The hired child custody lawyers Bergen County NJ are now indebted to represent their clients in litigation.
The role of child custody lawyers Bergen County NJ in contested litigations
Any decision to contest witnesses a fair share of heated arguments between both parties. Only efficient child custody lawyers Bergen County NJ may be of huge help in bringing the litigation to an end. The employed child custody lawyers Bergen County NJ should be highly articulate in expressing the views and desires of their clients. On the other hand, the hired child custody lawyers Bergen County NJ should also be capable of defending their clients from being falsely accused by the opposite parties. Thus, it is essential to seek the guidance of the Law Offices of SRIS, P.C. during these circumstances.