Child Custody Lawyers in Cherry Hill serving Southern New Jersey
Child custody and visitation are the most hotly contested issues in a divorce proceeding. At Forkin, McShane, Manos & Rotz, P.A., we understand the complexity involved in creating a shared parenting time arrangement and every parent’s need to ensure a happy and stable home life for his or her child. Our child custody attorneys in Cherry Hill realize that providing suitable care for your child after a divorce means more than just securing monetary support.
Types of child custody
Though a variety of arrangements can be tailored to the individual needs of parent and child, below are the two general categories of child custody, referred to in New Jersey law as shared parenting arrangements:
Legal: Legal custody refers to a parent’s ability to make key child-rearing decisions on issues like medical care, education and religion. Legal custody, shared decision making, is most frequently joint or shared.
Physical: Physical custody refers to the parent whose household is where the child resides. A parent may be designated parent of primary residence depending upon the number of overnights or twelve hour periods spent with that parent. The other parent is designated the parent of alternate residence. Visitation is now referred to as “parenting time”.
The rights and responsibilities associated with both legal and physical custody, referred to under New Jersey law as shared parenting arrangements, need not be awarded to one parent, an arrangement referred to as sole custody. Often courts will impose a joint custody decision where the physical and/or legal responsibilities are shared between parents. Our Cherry Hill divorce attorneys have over 75 years of combined experience in crafting custody arrangements suited to your specific needs.
Parenting time
Understanding the statutes and case law surrounding any aspect of a divorce can be confusing. As a result, you should speak with our Cherry Hill attorneys as soon as possible. Regardless of any labels such as sole, custodian or parent of primary residence and parent of alternate residence, parents are encouraged to focus first on the children’s best interest and how to share their time before focusing on labels.
Parenting agreements fall into two main categories:
Flexible parenting time: Parents are given the flexibility to arrange a parenting time schedule of time and place themselves. This is reserved for spouses who part on reasonably amicable terms.
Fixed parenting time: The court or parties arrange a specific schedule of time and place. Some couples and their children prefer a fixed schedule for planning purposes. The court can impose such a fixed schedule when the relationship between the parents is hostile as well.
Though granting parenting times to both parents is common, these rights are never guaranteed particularly for parents deemed unfit. The following factors contribute to the denial or revocation or supervision of parenting time:
Drug and/or alcohol dependence
Charges of child abuse or neglect
Relationship with a new partner deemed unfit
Contact our experienced team of lawyers familiar with child and parenting time issues.
As family centered lawyers in Cherry Hill, we at Forkin, McShane, Manos & Rotz, P.A. understand that a safe and healthy home is a necessity for every child. To speak to one of our highly respected lawyers, contact us online at jpmcshane@fmmrfamlaw.com or rbrotz@fmmrfamlaw.com or by phone at 856.779.8500.