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Category Archives: Child Custody

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Custody Options in a Co-Parenting Environment

By Katherine K. Wagner |

Before World War II, divorced fathers almost always got custody of their children. Mothers received limited visitation rights, at best. That dynamic flipped after World War II, with the advent of the so-called “tender years” doctrine. Today, New Jersey has a co-parenting law. Presumptively, children benefit when they have consistent and meaningful contact with… Read More »

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Five Ways a Mother Can Lose Custody of Her Child

By Katherine K. Wagner |

First, How is Child Custody Determined? A family law judge in New Jersey will determine what is in the best interests of the child in awarding custody to either or both parents.  It is possible for a mother, or a father, to lose custody entirely if it is in the best interests of the… Read More »

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NJ Custody Laws for Unmarried Parents: A Guide

By Katherine K. Wagner |

Child Custody Laws in NJ for Unwed Parents Gone are the days when every child had married parents. The current diversity of family living arrangements has resulted in the court system establishing an alternative to a divorce proceeding, called a “non-dissolution ‘FD’ Case”  which is used by unmarried parents to: Establish a Legal Custody… Read More »

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How long does it take to get divorced in New Jersey?

By Katherine K. Wagner |

How long does a divorce take in NJ? The length of a divorce is not set in stone by any rule or law. Spouses who remain civil and mutually agree on how to divide their assets before filing can finish their divorce as quickly as the courts can process a divorce petition. If you… Read More »

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Can I Change Child Custody Without Going to Court?

By Katherine K. Wagner |

The short answer is yes. However, if you decide to make changes to the child custody arrangement without an attorney and without going to court, there will be no legal document binding the parties to those changes. This can  create more problems than it solves. How to Change Your Custody Agreement First, let’s talk… Read More »

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What Happens to the Marital Home Upon Divorce?

By Katherine K. Wagner |

When it comes to divorce, there are a lot of things to think about. In New Jersey, after any child custody and support, one of the important issues is equitable distribution. This means that the courts will fairly, but not necessarily equally, divide property between divorcing spouses. Marital property generally includes that which is… Read More »

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Co-Parenting After A Divorce

By Katherine K. Wagner |

Making co-parenting work after a divorce is no small task, given the family upheaval and stress that has occurred. New living arrangements, custody schedules, birthdays and holidays, life decisions about education, and other activities are all part of adjusting to a new parenting situation. However, with care, dedication, and planning, co-parenting can and does… Read More »

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Child Custody and Unmarried Parents

By Katherine K. Wagner |

Unmarried parents that do not live together can face certain challenges when it comes to making child custody and parenting-time arrangements. One of the first hurdles is paternity, since unmarried fathers are not assumed to be a child’s biological parent. This affects a father’s rights in NJ. Without proof or paternity, these fathers can… Read More »

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