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Mediation and Joint Custody in New Jersey

Mediation and Joint Custody in New Jersey

Family law matters require a delicate approach, especially those involving child custody arrangements. Understanding the mediation process and how joint custody works in New Jersey is essential for parents navigating divorce. For more information regarding family law matters, reach out to our reliable team at Moskowitz Law Group today.

The Mediation Process and Its Benefits

If the parties to a divorce cannot agree on custody issues, the Court requires the divorcing couple to attend free custody mediation without their attorneys present. Mediation is a form of alternative dispute resolution that focuses on reaching agreements on disputed legal issues, including child custody arrangements. This encourages parents to collaborate and attempt to create a custody plan that works in their child’s best interests.

Mediation has several benefits. It is cost-effective and provides a less confrontational environment than a contested court proceeding. In addition, parents can maintain control over the decision-making process rather than placing their family’s future in the judge’s hands. Overall, mediation can result in more amicable coparenting in the long term by fostering communication and collaboration right from the start. Parents are usually happier to follow an agreement that they reached together than an order or judgment issued by a judge, even if that agreement contained substantial compromises by each parent.

The Role and Types of Joint Custody

Joint custody is an arrangement in which both parents share legal and/or physical custody of their children.

Legal custody determines who is responsible for making major decisions affecting their children. Physical custody determines where the child will live. There are two types of joint custody: legal custody and physical custody.

Joint Legal Custody

Joint legal custody grants both parents the joint right and responsibility to make major decisions concerning their child’s upbringing, including matters such as education, religion, and healthcare. Even if one parent has physical custody, both parents can still share legal custody.

Joint Physical Custody

In joint physical custody arrangements, the child resides with both parents for equal amounts of time. This can be difficult for divorcing parents to arrange because it requires a high level of communication and cooperation between them to create a smooth transition to establishing two separate households.

The divorcing couple may agree to a flexible equal parenting time schedule that adapts to their circumstances, such as work or travel. More commonly, divorcing spouses will agree to a fixed equal parenting time schedule that always remains the same unless the parties agree to modify it.

Combining Joint and Physical Custody

In New Jersey, it is most common for joint custody arrangements to have the parents share both joint legal and joint physical custody. This approach allows for each parent to stand on completely equal footing with the other parent.

Speak with an Attorney About Mediation and Joint Custody in New Jersey

Finding the most suitable custody arrangement can be difficult and emotionally taxing. Both mediation and joint custody in New Jersey come with unique challenges to navigate. Thankfully, you do not have to do this on your own.

Contact our compassionate family law attorneys today for legal assistance. Our professional team can ensure your child’s best interests are prioritized and your rights are upheld.

Contact Our Attorneys Today

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