Custody and Visitation in New Jersey Marital Agreements
If you are in the process of creating a marital agreement, and you have children, it may be in your best interest to contact an attorney to represent you and your child’s best interest. A seasoned attorney might be able to help you fight for your rights to have custody and visitation in New Jersey marital agreements. Pursuing custody and visitation rights on your own can be daunting and challenging, but with experienced counsel, you could obtain a successful resolution.
Impact of Custodial Rights and Visitation on Marital Agreements
It is critical to be thorough in the marital settlement agreement about what custodial and parenting arrangements are. The parties should identify whether they have joint legal custody or one party has sole legal custody and who has physical custody. This can help determine the sharing schedule, place of primary residence, and where the children may go to school.
An agreement can also dictate who pays bills, what child support may be in place, and even discuss how to pay for a child’s college education. It is imperative that a marital agreement be all-encompassing so that the parties know what their responsibilities are and what is required of them. This way, if there is any question, they can look at the agreement and have guidance.
Children From Outside of the Marriage
If one of the spouses had a child from outside the marriage, it would not be addressed in a marital settlement agreement between two spouses. If a man had a child with another woman, the custodial arrangement would not be addressed in a marital settlement agreement with that man and his wife who was not the mother. The child would have to be addressed between the two parents.
Legal Safeguards to Protect the Children
To protect the best interests of the children, sometimes the court will appoint a guardian ad litem which is an attorney to represent the children’s best interests. Unfortunately, sometimes the parents’ interests are not always aligned with the children’s welfare. The court may also seek a custodial evaluation from a mental health professional who would interview the children, the parents, and any collaterals. The mental health professional would render an opinion about what the best custodial arrangement would be for the best interests of the children.
The Final Say in Visitation and Custody Agreements
If New Jersey parties cannot come to a marital agreement, then it will be up to the judge to determine custody and visitation. It is often is better for both parties to avoid that outcome. Parties do not want to leave their fate in the hands of a judge who does not know them or their children.
It is in the best interests of the parties and the children to come to a negotiated agreement that is in the best interest of the children. If the parties really cannot agree, then there will be a trial and a judge would make the final determination.
Call a New Jersey Attorney About Custody and Visitation in Marital Agreements
If you are fighting through a marital agreement with your spouse and the children are of concern, contact an experienced family law attorney to represent the best interest of you and your child. They may be able to protect your right to custody and visitation in New Jersey marital agreements. The welfare of your child is a priority, and seasoned legal advisors could make it their mission to take care of your children. Call today for a free consultation on your specific case.