Primary Custodial Parent – Children’s Bill of Rights Attorneys Brick NJ
Do you know there are different custodial arrangements and that all of them must meet the statutes listed in New Jersey’s Children’s Bill of Rights?
Child custody cases are complex and require a skilled attorney to address your unique concerns. At Bronzino Law Firm, our attorneys have the expertise to help you to obtain the best custody agreement for your family. They are experts at negotiating, establishing, and enforcing child custody agreements. Our team is committed to helping clients reach custodial arrangements that meet their needs and the needs of their children.
What is the primary custodial parent?
When the parents of a child separate, divorce, or when one parent dies, child custody issues often arise. There are two types of custody: legal and physical custody. A court has the authority to make any custodial arrangement determined to be best for the children. These arrangements can include joint legal and joint physical custody, joint legal custody with sole physical custody and a visitation agreement with the other parent, sole custody to one parent and visitation to the other parent, or a combination of any of those agreements.
Parents with legal custody make the major life decisions on behalf of the child, which are important aspects of their health, safety, and welfare. Other examples include education, religious practice, and extra-curricular activities or sports.
Parents who have physical custody are the ones present with the child at their residence. The parent who spends most of the time with the child has primary physical custody, making them the primary custodial parent.
Examples of such decisions include decisions about what kind of schooling, medical care, and religious instruction the child receives. Parents with physical custody rights are physically present with the child at the child’s residence. The parent who spends most of the time with the child or children has “primary physical custody” and is referred to as the “primary custodial parent.”
What is the New Jersey Children’s Bill of Rights, and how does it affect our child custody agreement?
Divorce is a complicated issue not only for the parents but for the children as well. If you are a parent, divorce will not only be emotionally difficult and complicated for you but for your children as well. In New Jersey, the Association of Family and Conciliation Courts have adopted a set of guidelines, which are often used by lawyers and judges in legal agreements and court orders. This is the New Jersey Children’s Bill of Rights and was established to protect children’s well-being and emotional needs involved in a legal issue. Its guidelines address post-separation custody and visitation issues that parents and their attorneys should discuss. Even in the most bitter od separations, the children are never to blame and deserve to feel safe and secure, rather than to be used as pawns in an argument out of their understanding and control.
Some of the statutes to consider thoughtfully are listed below.
- The Courts must guarantee that the best interests of the child shall be of primary consideration.
- Children should live in a safe, healthy, and nurturing environment and know and be cared for by the child’s parent or legal guardian, except in circumstances when the child’s removal from his parent or legal guardian is in the child’s best interests;
- Children’s religion, culture, language, a relationship with a parent or legal guardian must be protected.
- To the State’s best efforts, to respect the child’s right to his identity, including nationality, name, and family relations, as recognized by law.
- Respect the child’s parent or legal guardian’s responsibilities and rights to provide, in a manner consistent with the child’s development, appropriate direction and guidance in the exercise by the child of the rights articulated in this bill of rights.
- Children must be free from physical, sexual, psychological, or emotional abuse, neglect, cruelty, and any form of discipline that humiliates, demeans or inflicts unnecessary mental or physical suffering or pain.
- Children must be free from discrimination or harassment based on gender, race, ethnicity, religion, national origin, disability, or sexual orientation; and
- Children must receive adequate and nutritious food, suitable clothing and housing, appropriate medical care, and mental health services.
Consult our Experienced Custody Attorneys
Now that you know the different kinds of custody and how the Children’s Bill of Rights should go hand in hand with any custody agreement, it is a perfect time to contact us at Bronzino Law Firm. Our top-notch legal team is ready to help you create a custody agreement tailored to your family’s unique needs. We look forward to helping you create a family plan that will work for everyone involved.
At Bronzino Law Firm, our team is experienced in representing clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in divorce, custody, domestic violence, and other family law matter.