Hackensack Family Lawyer

Child Custody Negotiations

An important post-divorce matter that will require the experience and skill of a dedicated family lawyer is child custody. There are 4 basic types of custody arrangements in New Jersey – legal custody, physical custody, joint custody, and sole custody, which can also be combined (e.g., joint legal custody). Note that a parent who does not have physical custody may petition for “visitation” rights, or “parenting time,” which allows non-custodial parents to spend time with their children.

Parents can reach a custody arrangement on their own without the interference of the court, but if they cannot resolve these custody issues on their own, the court will step in. The primary factor a court will consider to decide on a child custody order will be the child’s best interests, which includes:

• 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;
• the interaction and relationship of the child with their parents and siblings;
• any history of domestic violence;
• the safety of the child and the safety of either parent from physical abuse by the other parent;
• the child’s preference, when the child has the intellectual capacity to make an intelligent decision;
• the stability of the home environment offered by the parents;
• the quality and continuity of the child’s education;
• the parents’ fitness to exercise custody;
• the geographical proximity of the parents’ homes;
• the extent and quality of the time spent with the child before or after the separation;
• the parents’ employment responsibilities; and
• the age and number of children.

Prenuptial Agreements

Premarital agreements are becoming more and more common among prospective couples, and for good reason. Premarital agreements, or prenuptial agreements, help prospective spouses define, prior to legal marriage, their rights and obligations after a marriage. Prenuptial agreements can expedite a conventionally long divorce process, as they may establish post-divorce issues like property division or spousal support. The following matters may be addressed in a New Jersey premarital agreement:

• both spouses' rights and obligations to joint and separate property;
• the right to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of, or otherwise manage and control property;
• the division of property upon separation, divorce, death, or the occurrence or nonoccurrence of any other event;
• the modification or elimination of spousal support;
• the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
• the ownership rights in, and disposition of, the death benefit from a life insurance policy;
• the choice of law governing the construction and interpretation of the agreement; and
• any other matter, including personal rights and obligations.

Note that issues related to children, such as child support and child custody, may not be decided in a prenuptial agreement, as these matters are typically decided by a court based on the best interests of the child – not the spouses.

It is advisable that both spouses consult an attorney before entering into a premarital agreement, as an experienced marriage lawyer can ensure the prospective spouses’ rights are being protected, especially in the context of potential married life.

259 Union St.
2nd Floor
Hackensack, NJ 07601
Map & Directions [+]

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2022 All Rights Reserved.