COMPLEX NEW JERSEY CHILD CUSTODY RELATED ISSUES

Divorces are rarely ever simple. Nearly every divorce case which includes a New Jersey child custody component has the propensity to become a complex divorce matter. A wide variety of situations can turn an otherwise amicable dissolution into a whirlwind of emotions and disputes. Complex NJ child custody laws and related divorce litigation can include international kidnapping, relocation out of the state of New Jersey, parental alienation and issues related to children with special needs.

International Kidnapping

The International Parental Kidnapping Act deems it to be a federal felony to remove a minor child from the United States or to retain a child outside of the United States with the intent to obstruct lawful exercise of parental rights. If your child was improperly taken and you are fighting for your child to be returned to the United States or another country, then you will need a lawyer who understands the intricate jurisdictional laws, Hague Convention and cultural issues that will play a role in your matter. Our experienced New Jersey child custody lawyers will help you fight against international kidnapping.

Relocation Out of the State of New Jersey

In order for a child to be relocated out of the State of New Jersey the moving parent must obtain the other parent’s consent. However, if there is no such consent to permanently move with the child out of New Jersey, then a court order will be required to authorize the relocation. This complex issue of moving away with the children can arise during a divorce and after the divorce (post judgment matter). This New Jersey child custody issue can occur when one parent wants to remarry and move out of state with their new spouse or when one parent is offered a generous relocation package through their employer.

The relocation laws and standards are different if the move impacts child custody, such as modifying custody from a shared physical custody arrangement to joint legal custody. You should know and understand what comprises your specific custody arrangement before applying to the court for relief.

Parental Alienation

If you have experienced persistent interference with your New Jersey child custody or parenting time rights, then you may be a victim of parental alienation. An alienating parent’s actions can brainwash a child into rejecting the other parent, which can ultimately cause significant harm to both the child and the other parent. Examples of misconduct that could be considered parental alienation are:

• Badmouthing of a parent
• Canceling scheduled visitations without justification
• Purposely scheduling activities for the child which interfere with the other parent's parenting time

There are typically three types of alienators impacting NJ child custody laws:

Naive Alienators- While recognizing that the child should have a healthy relationship with the other parent, the alienating parent does or says something from time to time which denigrates the other parent

Active Alienators- While also recognizing the importance of the child to enjoy a healthy relationship with the other parent, the alienating parent will lash out in frustration against the other parent in the presence of the child. While the alienating parent generally feels remorse for his or her conduct, this on-going problem often creates additional litigation over custody and parenting time.

Obsessed Alienators- The alienating parent’s goal is to destroy the child’s relationship with the other parent.

Judges who recognize that one parent is intentionally harming the other parents’ relationship with the child will tend to intervene.

Children with Special Needs

When a divorce case involves a child with special needs, it involves a multitude of factors such as: medical and mental health issues, child study teams, IEPs and personalized education and tutoring, individualized child caretaking, immobility, boarding schools or group homes, social security income or disability, etc. If your child has special needs, then you will need to thoughtfully address custody, parenting time and the vast number of unique financial aspects that go along with these issues so that your child has the proper support and specialized attention.

If you are facing complex child related issues, you will need a New Jersey child custody lawyer whose entire practice is exclusively devoted to New Jersey family and matrimonial law. Nj child custody laws are extremely specialized and each case is different, bringing with it a unique set of circumstances. Our New Jersey divorce lawyers have the compassion, dedication and experience in dealing with the intricate laws that apply to the most serious of child issues.

Whether your divorce matter involves complex New Jersey child custody or child support issues, our NJ divorce lawyers will fight for your rights and the rights of your children.

Contact us today for a FREE INITIAL CONSULTATION and learn why our clients refer their most beloved friends and family to our New Jersey divorce and family law firm so we can help them with their family law issues.