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West Caldwell Family Law Blog

Worried about child custody problems in divorce?

Keeping your children's best interests in mind is no doubt one of your highest priorities as you prepare to negotiate a settlement for divorce in a New Jersey court. The judge presiding over your case will likely take numerous factors into consideration when ruling on child custody, support and visitation issues. If you and your former spouse are like-minded regarding such matters, chances are things will run smoothly; if not, you may have to aggressively protect your right as a new plan for parenting time and other related matters is developed.

While you will no longer be married to the same person, you will still have a lifetime of interaction with your co-parent because you have children together. It is not uncommon for legal problems to arise in such circumstances, especially if a former spouse is intentionally trying to impede a parent/child relationship or refuses to adhere to an existing court order. To solidify a personalized agreement and to swiftly rectify any problems that occur down the line, it is helpful to act alongside experienced family law representation.

When divorce is contested because of financial issues

Financial problems can arise at any time in life, especially when two New Jersey spouses decide to end their marriage in court. Divorce is never easy, and if spouses do not agree about financial issues, things can get messy. This is reportedly what caused a snag in divorce proceedings for Donald Trump, Jr., age 40, and his estranged wife, Vanessa Trump, also age 40.  

When Vanessa Trump filed for divorce from her husband of 12 years, with whom she has had five children, it was an uncontested divorce. Since that time, however, certain issues have surfaced, prompting a contested divorce. Some say the main issue is an inheritance Vanessa Trump's late father left his daughter in his final will and testament.  

Set goals if you want to succeed with divorce mediation

Although you may assume that your divorce case will eventually end up in court, you shouldn't overlook the power of mediation.

Through divorce mediation, you can work closely with a mediator and your soon-to-be ex-spouse to ensure that every last detail is in order before you proceed.

Warning signs that mediation won't work in a New Jersey divorce

Many couples in New Jersey may find that mediation is a great solution for a pending divorce. Mediation offers a host of benefits to couples, not the least of which is that it remains private, moves quickly and allows more control over the final outcome than a standard divorce.

However, just because mediation can work very well in certain situations does not mean it's right for every situation. Every divorce is inherently unique, and you should carefully consider if mediation is right for you before attempting to go through the process. There are several warning signs that make it clear that mediation is not the right option for your divorce.

Divorce mediation: What are the advantages and disadvantages?

Many New Jersey spouses who divorce are merely looking for the swiftest and least painful means of achieving fair settlements and leaving their pasts behind them. If those involved are parents, children's best interests are often the central focus of proceedings. The good news is that there are options that allow couples to avoid litigation altogether, such as the mediation process.  

Mediation is a negotiation method designed to help spouses create their own co-parenting plans and determine the terms of their divorce settlement. Once issues are resolved, they simply seek the court's approval and obtain their final decree. Mediation is definitely not for everyone, especially those who struggle to peacefully communicate and whose relationship tends to be fueled by contention.  

Judge issues orders in child custody fight cross multiple states

A 4-year-old boy's parents have been battling it out in court regarding which one of them should have custody of him. The father was granted child custody some time ago, following the mother's admission that she had used methamphetamine drugs. She was sentenced to probation. The judge in charge of the case recently issued orders that demand the child's immediate return to the state in question, a situation to which some parents in New Jersey may relate.

The child is currently residing with his father in a different state, and the father has filed a petition in a court to question a prior ruling regarding which state's court has jurisdiction in the case. In the meantime, the father reportedly failed to show up for a hearing in the acting judge's state. This prompted the judge to order the immediate return of the child; in fact, the same judge has issued repeated orders, but the child has still not been brought back.  

Child custody situation involves serious allegations

Many New Jersey parents have been fortunate enough to be able to negotiate fair and satisfactory settlements in divorce -- many, but not all. Some, in fact, encounter significant obstacles, especially where child custody is concerned, sometimes leading to court battles. Nicole Curtis, a star on the show "Rehab Addict," understands that type of contention, as she is currently going through a similar situation with the father of her 2-year-old son.  

Curtis is 41 years old. Shane Maguire, the father of her son, was reportedly initially open to the idea of shared custody with Curtis. However, he says certain issues have developed that have prompted him to file a petition seeking sole custody of his son. Maguire said an amicable visitation agreement is not possible with Curtis because she keeps trying to impede his relationship with his son. He cited a recent holiday situation as an example, where he had to drive to various locations over several hours' time just to find his son and obtain custody.  

Child custody and holidays: New Jersey parents can avoid stress

When a New Jersey couple with children decide to divorce, they usually expect to have to resolve various issues regarding co-parenting as it will relate to their new lifestyle. If the spouses involved get along fairly well, negotiations for parenting plans may be rather painless, although parents may still run into obstacles down the line when unforeseen complications arise. Many divorced parents have love/hate relationships with holidays, for special occasions seem to increase the risk for child custody problems. 

To keep stress to a minimum, co-parents may want to keep several things in mind. First, a post-divorce parenting plan can be customized to a certain extent. Of course, the court has the final say in all child-related matters. However, parents may be as detailed as they like when discussing the terms for their parenting plans.  

3 simple reasons to handle custody in mediation, not court

Divorcing couples often disagree on many of the critical points regarding the end of the marriage. Both spouses may have their own ideas about how to fairly divide assets and debts. It's also common to disagree about the best way to handle child custody, visitation and parental responsibilities.

Just because you disagree right now on the terms of your divorce doesn't mean you're doomed to head to divorce court for protracted and expensive hearings. Even if you and your ex have strong negative feelings about your marriage and divorce, you may still be able to find a resolution in mediation for custody issues. Preparing yourself and adjusting your attitude to focus on your children is often the key to success in negotiating a working mediation resolution for custody.

Filing for child custody? Keep this in mind

There are many issues that can negatively or positively impact court proceedings when parents disagree about child-related matters either in divorce or as single parents. Child custody is a main concern for many New Jersey moms and dads. Anyone currently preparing to negotiate or litigate custody issues will want to consider several factors ahead of time.  

The end of a romantic relationship does not end a parent/child relationship. A parent may make an adult decision to no longer be married or be involved with the other parent, but that does not mean the children involved should no longer have an active relationship with that person. In fact, the court is typically of the opinion that most children fare best if they continue to have close relationships with both parents throughout their lives.  

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Contact Cipriano Law Offices, P.C.

To learn more about our Essex County divorce and family lawyers, you may email us or call 973-852-3346 to schedule an initial consultation.

Cipriano Law Offices, P.C.
175 Fairfield Avenue
Suite 4C/D
West Caldwell, NJ 07006

Toll Free: 800-646-0731
Toll Free: 800-646-0731
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