Category: Child-custody

Deciding whether to conduct a plenary hearing

Courts should conduct a best interests analysis in all contested relocation disputes in which the parents share legal custody

New Jersey’s Uniform Child Custody Jurisdiction and Enforcement Act

In considering jurisdiction under New Jersey’s Uniform Child Custody Jurisdiction and Enforcement Act, the court performs a three-stage analysis

In determining custody, the court shall consider the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision

Parents who attend organized youth sporting events have an inherent obligation and responsibility to act in a manner which is consistent with the goals of developing respect, tolerance, camaraderie, and discipline in children

A parenting schedule between divorced parents must reasonably consider a child’s best interests, including educational interests, and must account for each party’s responsibility to dutifully oversee their child’s academic obligations and schedule

Protocols and parameters regarding communications and submission of documents by the parties and/or counsel to a guardian ad litem or court-appointed expert

A court may enter any custody arrangement as the court may determine to be in the best interests of the child

In awarding counsel fees, the court must consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party in pursuing or defending the action; the nature and extent of the services rendered; and the reasonableness of the fees