As New Jersey residents may know, there are many things to consider when contemplating divorce. One of those considerations is who may take the income tax exemption for the children when filing returns.
When many New Jersey residents decide to get married, one spouse may wish to change their last name to match the last name of their spouse. However, if the couple decides to get a divorce down the road, the spouse that changed their name may wish to have their maiden name restored.
Child custody laws generally instruct the courts on visitation rules, whether parents can seek joint custody and how to order custody. The courts must consider several factors to determine the custody of a child. However, parents may also create parenting plans for the courts to accept or request modifications.
When a couple dissolves their domestic partnership, their status will become as it was prior to entering into the partnership in the first place. Domestic partners must still go through the same types of issues that a divorcing couple does, including property division, child custody issues and support. Unfortunately, the protections afforded to divorcing married couples are not available to those dissolving domestic partnerships under certain circumstances.
New Jersey residents may be interested in some information regarding the process courts use when making custody decisions in a divorce case. A judge will often try to decide in the best interests of the child, but understanding this term can be difficult.
New Jersey law provides several grounds for seeking an obtaining a divorce in the state. Couples who wish to do so may proceed under the ground of irreconcilable differences in which neither allege fault for the marital breakdown against the other. There are also fault grounds under which a person seeking a divorce may instead choose to proceed.
One of the most challenging aspects of divorce can be addressing the issue of child custody. In some cases, parents are able to work out an arrangement amicably to ensure that children are able to benefit from the influence of both parents along with a dependable schedule that builds stability into their lives. However, disputes over custody can be frustrating, especially if both parents seek to be designated as the primary caregiver.
A New Jersey court has used the doctrine of a "psychological parent" to rule that a woman who co-parented a child in a same-sex relationship in which the two were domestic partners but not legally married should have visitation rights. According to the ruling of the appeals court, stepparents who have raised children from a young age and have formed a bond with them should be able to seek custody or visitation.
When couples in New Jersey and across the country experience a divorce or a separation, child custody disputes can present some of the most emotionally stressful challenges. Currently, someone who understands these frustrations is Sherri Shepherd, a co-host of the television program “The View.”
An emerging area of interest in academic research is a group of studies dedicated to finding out the differences between the parenting approaches of homosexual and heterosexual parents. Despite a growing pocket of research indicating there is no negative impact of having gay or lesbian parents, new research shows that judges and court staff often exhibit bias in child custody cases of this type.