Special Types of Custody in New Jersey
While most custody issues are handled in a very similar manner to all others, there are a few special types of custody in New Jersey. Whether it is due to unique circumstances such as a cross-jurisdictional divorce where one spouse lives in a different state, or if there are pressing issues requiring immediate court orders, the courts will always try to make custody orders in the best interest of the child. An attorney could further explain how your specific situation might lead to different custody types, and help you build a case to take care of your family.
Temporary Custody Orders in New Jersey
A temporary custody order is called a pendente lite order meaning “pending litigation.” This means that there has not been a final adjudication of the issue, but rather something temporary that either the parties agree to or a judge orders to ensure there is a custody arrangement in place until a permanent solution can be cemented. This is to make sure there is some continuity so both parties have access to the child and build a relationship with both parents.
Disobeying this special type of New Jersey custody order could have serious implications. If a parent asks for more time at the end of the case while not having used the time they were granted, were unable to meet their parenting time, frequently cancel custodial time at the last minute, or they left the child, that is going to affect the ultimate amount of time they get in the end.
Additionally, if a parent exercised their time but failed to bring the child to activities outlined in the order, it may be factored into the final custody agreement as it affects the best interest of the child. If a parent blatantly ignores a temporary court custody order, it may ultimately harm that parent’s chance of receiving favorable permanent custody arrangements.
If parents are unable to effectively communicate, it could have a severe impact on whether or not a 50-50 custody arrangement is wise. If one parent is leaving the other one out of the loop or refuses to communicate, they may be interpreted to not be acting in their child’s best interest and affect the amount of parenting time.
Interstate Custody Arrangements
There are many situations where custodial parties live in separate states and the attorneys and clients must figure out the logistics and the parenting time of this special type of custody in New Jersey. While it may be easier if it is a matter of one parent being in New York and the other being in New Jersey, there may not be as large an issue as parents on separate coasts, but each inter-jurisdictional custody arrangement will require unique solutions with the help of a seasoned family attorney.
These interstate custody issues may actually be a question of relocation. If the child lives in New Jersey, then the matter will be dealt with by New Jersey courts, regardless of where the other party lives. However, there are jurisdictional issues where one party removes the child from the state and there has not been an adjudication on custody yet, and they file in the other state. New Jersey will retain jurisdiction over the child and their custody so long as they have not lived in the other state for six months or an existing agreement does not say otherwise.
An Attorney Could Counsel Parents Through Various Types of Custody
There are many special types of custody in New Jersey that change based on the best interests of the child. Each custody battle has unique aspects and a cookie-cutter solution may not work for everybody. For these unique situations, it is important to hire a dedicated and experienced custody attorney to help create an agreement that works for your family. If you are facing a confusing or unique custody issue, call a New Jersey family lawyer today to start working on your case.