Fort Lee Family Lawyer

Whether you are in the process of a divorce or an unmarried parent with children, family issues can be complicated and stressful. The law provides certain protections and rights to parents and their children. A Fort Lee family lawyer can help you handle many of the legal issues that can arise in a family.

There is a lot at stake in any family law matter. Our experienced team of passionate family attorneys is the ally you need to successfully navigate the complexities of family court.

Common Financial Issues in Separation and Divorce

New Jersey law requires equitable distribution of marital assets in a divorce. This means that all financial assets acquired during a marriage other than those acquired by gift or inheritance from third parties must be fairly divided between the parties. The same goes for dividing any marital debts. Many factors determine how the court divides assets and debts. A family law attorney has the experience to explain how the specifics of a particular marriage may affect every case.

If the parties are able to settle the terms of their divorce, they must sign a Marital Settlement Agreement (MSA) before the Court grants a divorce. In addition to equitable distribution, the MSA  must address any spousal support (alimony), issues related to children, and the payment of future expenses and debts.

The MSA becomes part of the final judgment of divorce, giving it the same effect as a court order. The Court can impose sanctions for any violations of the MSA. In some cases, a modification of the MSA might become necessary after the divorce if anyone’s circumstances change. An experienced attorney in Fort Lee can help prepare an MSA.

Child Custody, Visitation, and Child Support Issues in Fort Lee

Whether they were legally married or not, separated parents are responsible for the financial support and welfare of their children. In all cases where parents are divorced or separated, they must put any agreements reached regarding their children in writing. While the factual circumstances are different for every family, courts will always make a final determination based on the best interests of the child. This applies to custody, visitation, and child support orders.

Child Custody

There are two kinds of custody. Legal custody addresses major decision making regarding the welfare of the children. This can apply to decisions regarding education, health, and religion. The Court prefers for parents to make major decisions jointly, meaning they will share joint legal custody. In rare cases, one parent will be vested with sole legal custody and be solely responsible for major decision making. Physical custody addresses where the children reside and how each parent will share time with the children. The Court prefers for both parents to have frequent and continuing contact with their children; however, in rare cases, sole physical custody can be awarded to a parent due to safety issues or other related concerns with one of the parent’s fitness. Courts prefer that parents settle their custody arrangements amicably without court intervention; however, the Court will ensure that all arrangements are in the best interests of the children.

How Can a Family Law Lawyer Help with Visitation in Fort Lee?

The parent who does not have primary physical custody of a child has a right to visitation if visitation would not be against the child’s best interests. Judges generally prefer that parents develop a visitation agreement instead of making one for them. If the parents cannot come to an agreement, the Court has the power to establish and enforce visitation orders in the best intersts of the child. Custody and visitation agreements must be in writing and filed with the Court to be fully enforceable.

Child Support

New Jersey law states that every child has a right to be financially supported by both their parents. This means that a non-custodial parent is required to pay child support to the custodial parent. In most cases, the New Jersey Child Support Guidelines are used to calculate child support. The Guidelines are a formula that takes into consideration many factors, such as the parents’ incomes, visitation schedule, and the cost of health insurance premiums.

Paternity Issues for Families

When a child is born to parents who are not married, determining paternity is a critical first step toward securing both the rights and responsibilities that follow. The process is typically straightforward, as both parents may execute a Certificate of Parentage at the hospital. This is a voluntary acknowledgment that, once filed with the New Jersey Department of Health, places the father’s name on the birth certificate and establishes his legal status as a parent.

When one party refuses to voluntarily acknowledge paternity, a formal paternity action may be necessary. Either parent, a child’s legal guardian, or, in some cases, a county welfare agency, may petition the New Jersey Superior Court to initiate this process.

In cases where paternity is disputed, court-ordered genetic testing is often necessary. A confirmed DNA match generally results in a court order of paternity, which then establishes the father’s parental rights and legal obligations to the child. A Fort Lee family attorney from our firm can assist parents on either side of a paternity matter and help ensure the process moves forward with the child’s best interests as the key focus.

Can You Modify Existing Family Court Orders?

Divorce and separation produce legal orders that reflect the circumstances of the parties at a specific point in time. Life, however, does not stand still. A significant change in circumstances for either party can render an existing order unfair or unworkable, and New Jersey law provides a mechanism for seeking modifications when that occurs.

For child support, either parent (whether paying or receiving) is allowed to file an application with the Court to modify an existing order. The requesting party must demonstrate that a substantial change in circumstances has occurred, such as a significant shift in either parent’s income, a change in the child’s needs, or a change in the custody arrangement itself.

The same principle applies to alimony when circumstances have changed sufficiently to make a current order inappropriate. Examples include a receiving spouse completing their education and entering the workforce or a remarriage that substantially changes their financial situation.

In all of these matters, the burden is on the party seeking the change to provide specific evidence supporting the request. A family law lawyer in Fort Lee at Moskowitz Law Group can evaluate whether your situation meets that threshold and help build a case for a modification or seek to deny a proposed modification from the other party, depending on your position.

What Rights do Grandparents Have in Family Legal Matters?

Divorce and separation can significantly disrupt the relationships children have with their extended family, including grandparents. In New Jersey, grandparents in certain situations have the right to petition the court for visitation with their grandchildren. This right can also apply to grandparents-in-law, particularly in situations where one parent has passed away or lost custody or visitation rights.

To succeed, a grandparent must demonstrate to the court that the requested visitation is in the child’s best interests. The court weighs several factors in making this determination, including:

• The nature and history of the grandparent-grandchild relationship
• The time that has passed since their last contact
• The potential impact visitation may have on the child’s relationship with the custodial parent

A grandparent who has previously served as a full-time caretaker for the child is generally in a strong position to establish that visitation is appropriate.

Courts frequently encourage the parties to explore mediation before proceeding to a hearing. A Fort Lee grandparents’ rights attorney from our firm can help guide you through each step of this process, from filing the initial petition through achieving a workable and enforceable visitation arrangement.

Reach Out to a Fort Lee Family Law Attorney

Changes in a family due to separation or divorce can be scary and overwhelming. Each family has particular circumstances that affect financial issues like financial support and equitable distribution. With children involved, you want what is best for them now and in the future. Our team of Fort Lee family lawyers understands these issues and is prepared to help you and your loved ones move through a challenging transition. Call now to schedule an initial consultation for your case.