Ask Us About Child Custody
Legal issues involving children are complicated. When your family faces a big change, get the reliable advice you need to make the best possible decisions for your child.
At Carolann M. Aschoff, P.C., we are ready to help you. With offices in Jersey City, Bayonne and West Caldwell, our experienced attorneys can answer your child custody questions.
Do mothers have an advantage in child custody decisions?
No. Courts treat both biological parents fairly by examining each parent’s circumstances instead of their gender. In general, paternity issues, if any exist, are also settled during the determination of child custody.
With joint custody, will I need court approval to move?
In some cases, yes. For example, New Jersey courts must ensure that relocating still serves the best interests of the child if you plan to move out of the state.
For relocation within the state, you might need the other parent’s permission depending on how it could affect your parenting plan. If the other parent does not agree, then you may still need to bring the issue to court.
Whenever you plan to relocate, it is important to consult with a lawyer to ensure that you will not violate an existing court order. Some moves might also call for a child custody modification.
What happens when a parent does not follow the parenting plan?
Noncompliance with a child custody order or parenting plan may lead to fines and other sanctions, including possible loss of parenting time and payment of the other parties counsel fees. However, the other parent must take the first step to enforce the arrangement. Sometimes, parents can resolve the issue peacefully, while other cases require court intervention.
Violations of your parenting plan can be frustrating – and hard for your child. Your attorney can help you explore your options for enforcing or modifying the order.
How does child custody affect child support?
While courts consider each parent’s income and other factors, child custody could potentially play a role in child support. In many cases, parenting time and responsibilities can affect how much a custodial parent spends to care for the child, such as providing food, health care, housing, enrichment and education. Child support can balance these costs.
However, every case is unique, and custody orders do not automatically guarantee a specific type of child support arrangement.