If minor children are involved and the parents are not in agreement about how to divide custody and parenting time, resolving these issues is a paramount concern and challenge.
It is greatly preferable to guide parties toward a mutually acceptable agreement once they understand the implications of the various forms of custody, i.e. sole custody, joint legal and joint physical custody, or joint legal custody with one parent being designated as the Parent of Primary Residence and the other parent having specific parenting time, holiday time, and vacation time spelled out.
We encourage our clients to build flexibility into agreements regarding Custody and Parenting time and to always be guided by the best interests of their child.
While most custody issues ultimately are resolved between the parents, there are some cases which, for a variety of reasons, cannot be resolved without a trial. Should that be necessary, we will guide you to experts who perform custody evaluations and we stand fully prepared to try your case in court.
A sub category of custody and parenting time disputes involve applications by one parent to remove the children from the State of New Jersey. There are several reported decisions in New Jersey which address this issue and you would be well advised to seek our opinion as to how they would impact the specific facts of your case.