Changes to New Jersey’s Child Custody Statute
Recently, the law surrounding child custody has changed. Having a better understanding of these changes can afford you a better handle on your own case. One of the most important steps anyone who is facing a child custody case can take is retaining the skilled legal guidance of our experienced child custody attorneys at Weinberg, Kaplan & Smith, P.A., early on.
What’s the Biggest Difference?
The changes to New Jersey’s custody statute will continue to impact many divorce and post-judgment cases; however, a particular change will continue to find its way into every custody case in New Jersey.
Previously, New Jersey recognized two important facets to custody: first, a need for frequent and continuing contact between children and both of their parents, and second, the public’s interest in encouraging parents to share in child rearing in order to support that need.
Today, the State’s view has changed. Instead, that “need” is something that may, but does not have to be, included in the new focus of New Jersey custody matters. The new focus is instead on the need to protect the physical and emotional wellbeing of the child. Safety isn’t a new consideration altogether, but the emphasis upon a child’s safety and resulting change in the law makes it so safety of the child is now paramount in custody determinations.
This essentially puts the children’s physical and emotional well-being under a microscope, magnifying the significance of certain circumstances, such as:
- Child neglect or abuse
- Domestic violence
- Either parent’s substance abuse
- Any psychological or emotional harm visited on the children
- Unsafe living conditions
Other Important Changes
Safety will be at the heart of every custody case, but other changes may also make a big difference for your individual circumstances. In addition to the central focus of custody issues being safety, some other important changes include:
- The preferences of those children who are mature enough to participate must be considered, and when they’re not upheld, the court’s reasons must be recorded.
- Stricter parameters apply before the court can require a specific therapeutic intervention for the family or child. These include limits pertaining to reunification therapy.
- A child’s refusal of parenting time must be taken seriously, but the court cannot begin with the presumption that parental alienation is the cause.
In short, forcing contact is no longer a basic guiding tenant of child custody in New Jersey.
Our Experienced Marlton Child Custody Lawyers Can Help
The trusted Marlton, NJ, child custody attorneys at Weinberg, Kaplan & Smith, P. A., are well versed in New Jersey’s evolving stance on child custody, and we will make sure to prioritize the protection of your rights as a parent. Learn more by contacting us online or giving our firm a call at 856-795-9400 today.