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Shared Parenting and Divorce, When Does it Make Sense?

In the “old days” when people got divorced or when people decided not to live together anymore, the non-custodial parent would often have a “traditional” parenting schedule which usually consisted of every other weekend parenting time. This type of parenting time greatly limits a parents ability to actually parent and becomes the “fun” parent, taking the child to games, to activities while the custodial parent would make all the day to day decisions. This form of parenting time has been found to hurt children in some cases but in other cases, the children have stability and are not dizzy from all the back and forth from one home to the next. The age of the child is very important in the determination of parenting time. A child custody case can be a separate action or it could be part of a contested divorce.

In a recent case, the child was less than 5 years old. The father was not involved in the day to day activities and upbringing of the child despite lying under oath that he was very active. The father presented pictures of matching tooth brushes in the two different homes, matching plates, cups, etc., to avoid confusion. Well, his attempt failed as a child is not going to be confused about which color toothbrush will be there or what kind of dish he or she will eat on but the confusion comes to more important things which the absent father could not understand. For instance, the rules set by one parent may be different than the rules of the other, non-custodial parent. The bed time and routine of a young child is critical and if the parents cannot agree, a shared parenting schedule will not work at such a young age. Only an active parent would know that or someone with common sense, something that is often lacking in courts especially when litigants lie.

If you seek more information about child custody cases from Jersey City Child Custody Attorney Santo Artusa, click here. You can also click here to learn more about our child support cases and for our home page which outlines all of our family law services, click here.

We have successfully represented people concerning family law and divorce matters in the Hudson County Family Court, Essex County Family Court and other courts in New Jersey for parents in both situations. If you have a parenting time issue or custody case, contact us today for an appointment in our Jersey City office on 201-706-7910.

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Keys to Obtaining Custody of Your Child or Have More Parenting Time

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS AND FAMILY LAW ATTORNEY

Seeking a family law attorney to help you obtain Custody of Your Child? Are you seeking a New Jersey Court order to have parenting time or visitation with your child? Do you have a court date with Judge Mirtha Ospina? Judge Anthony D’Elia?
We can Help You Right Away

This is What You Need to Know-We have been through this before.

As a New Jersey Family Law Attorney and Child Custody Attorney  handles requests for Parenting-Time in Jersey City, Hudson County, New Jersey, and throughout the State and I have seen and dealt with some very difficult situations. When parties argue, when parties go through a divorce, one party because of their anger or shock over the realization that the marriage is over can lead to one parent “poisoning” the children by talking negatively about the father or mother and this leads to alienation and the refusal to permit a parent to see their child. Father’s rights have become a more important and considered topic in the family courts today, more and more Judges are listening to fathers’ who want to see their children, who have been refused, who have suffered from the alienation. In cases where the parties were not married, the anger can still be present and the custodial parent can still talk about the other parent in a bad way which helps nobody. The Judges that decide these cases in Hudson County are: Judge Maureen Mantineo, Judge Mirtha Ospina, Judge Vito Sciancalepore, Judge Maloney-Espinales, Judge Nesle Rodriguez, Judge Mark Baber.

  • Do you have a court order in New Jersey for parenting time but want more time with your child?
  • Do you have a court order for parenting time and the custodial parent refuses to honor it?
  • Are you seeking a New Jersey court order granting you specific parenting time to avoid problems?  We can help you.

In my opinion, one of the hardest things in the world is not being able to see your child. Trust me, I know what it is like, I have been there before, it hurts, it is unfair but with the right plan, there is hope, a great deal of hope. If this occurs, contact the Family Law Attorney at the Artusa Law Firm today on 201-706-7910.  Dealing with not being able to see your child when you want to or even when you are “scheduled” to see your child, the custodial parent makes it near impossible to see the child, talk to the child, communicate in any fashion DONT LET THIS HAPPEN, contact an attorney. Even worse is if your child indicates that he or she wants to live with you but you feel helpless in putting your child in the middle. However, as time goes on, you may reach a tipping point where you have no choice but to seek custody or seek more parenting time. Regardless of how the parents feel about each other, the child needs BOTH parents. Alienating a child from one parent is a sin, it is abuse that your child feels.

Working with an aggressive attorney who can obtain a court order or enforce a court order for you is critical to your rights as a parent. For more information about the tools available in child custody and parenting time cases, please visit Hudson County Child Custody and Parenting Time Lawyer.  To read our post about parenting time in Hudson and Essex,https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Favvolawyers%2Fposts%2F1302286639786606&width=500

Seeking a court order or seeking to change a family court order can be difficult. With the right family law attorney, you increase your chances of success as like any other endeavor, the more you practice, the more you learn, and the more effective you become. We focus on family law matters in Hudson County, Essex County, Bergen County, Passaic County and Union County, New Jersey almost every day. We know when a case has merit, has a chance, and frankly when the case will not succeed on its face and we will not accept the case.

If you have reached that point where something has to change and you are ready to hire an attorney who understands the facets of child custody determinations and parenting time, contact us at the Artusa Law Firm today on 201-706-7910 for an appointment. Our office is located at 35 Journal Square Plaza, Suite 825, Jersey City, NJ 07306. To learn more about our different practice areas, visit our home page here: Artusa Law Firm-New Jersey Family Court Lawyers.

Jersey City Child Custody Lawyer
Jersey City Family Law Attorney
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TOP 7 QUESTIONS AND TIPS ABOUT PARENTING TIME IN NEW JERSEY

As a New Jersey Family Law and Child Custody Attorney in Hudson County, I am going to share some of the questions I hear during many of my family law consultations with regard to parenting time/visitation, child custody in my Jersey City, New Jersey office.

new jersey child custody lawyer
JERSEY CITY CHILD CUSTODY LAWYERS

My ex girlfriend or spouse will not let me see my kids, do I need a court order in NJ?

Answer: While you do not need a court order to see your kids, if the mother or father does not let you see them, you do need a court order so that you have rights on paper, signed by a Judge. If he or she fails to honor that order, he or she can be held in contempt of court, be fined, and/or lose custody if it continues. NJ Child custody and parenting time attorney Santo Artusa and his team can help yo if you have a dispute with the custodial or non-custodial parent.

The mother only lets me see the children when she is around, is that fair? 

Absent certain circumstances (drugs, dangerous conditions, etc), you should be able to have parenting time without supervision. If she does not agree, you should hire an attorney and get your parenting rights on paper. You have equal rights. For more information about child custody and parenting time laws and issues in NJ, visit our page here.

artusalawfirmparentingtimeI have a court order and/or divorce judgment giving me parenting time but he or she does not comply, what can be done? 

Persistence is key. Filing an enforcement motion to enforce litigants rights for each time he or she disobeys an order, will get the Judge’s attention and one way or another, the non-complying parent will begin to follow the order or face legal consequences. Another important factor is to keep good records and obtain incident reports for every time the person does not comply. For information about our NJ enforcement services, visit this page.

new jersey child custody lawyerI want to see my kids more, what can I do?

If you and the custodial parent cannot agree, you should seek relief from the family court, seeking a definitive parenting schedule. The more of a detailed plan you have to see your kids, the better. The less chance you and the difficult parent will avoid war in family court or outside when you try to see your kids. Avoid this. Life can be hard enough, you do not need more stress. For information about how child support and parenting time are related, visit: New Jersey Child Support Lawyer.

Can I take my children on vacation out of the country or out of State? 

For out of the country, you would need the other parents consent. If he or she denies the consent, you must bring a court application to be permitted to travel with the kids out of the country with the itinerary, contact information, etc. For out of state, you usually need to inform the other party but do not need his or her consent unless there is a court order indicating so.

Do I need a family law attorney to file for parenting time? 

You can file by yourself, but it is suggested to hire an experienced family lawyer that can help you navigate through the New Jersey Family Law Courts and present your case for you.

When I have parenting time, the other parent calls me like 10 times in a day, is that fair or necessary?

You should permit open contact when you have the kids but it should not be more than 1 or 2 times in a day. You deserve your free time with your children.

The father of my children always brings the children back late, what can I do about it? 

Again, through an enforcement motion, the parent can be held in contempt because he must respect your time and you should respect his. Being 10-20 minutes late is one thing, but if he or she is late more than 45 minutes or more, you should address this in court, you have a life, you have plans too!

Hudson County Child Custody Lawyer
Hudson County Child Custody Lawyer Santo Artusa

My child is doing terrible in school and the mother is doing nothing about it, and my child keeps missing school or is late, what can be done? 

Depending on more information, you may have a case for residential custody and or more parenting time.

Thank you for reading my sample questions and answers about parenting time issues. If you feel you have a parenting time case or possibly a child custody case in Hudson County, Jersey City,  or anywhere in New Jersey, contact my team at the Artusa Law Firm today on 201-706-7910 for professional representation. For more information about all of the legal services we offer in New Jersey, visit: Artusa Law Firm. For information about where family court cases are decided in New Jersey, visit our custom map below:

 

Knowing When to Walk Away in Domestic Disputes

Every Couple I know, has fought one way or another, over one thing or another whether it is over finances, infidelity, in-laws, drug and alcohol issues and beyond, people argue, it is part of being a human being. The question is when is it time to walk away? Some times one of the parties need to get up and leave for the short term or leave for good. Some situations can easily rise to the level of no return and that is the last thing anyone needs. If a situation is getting worse and you have expressed your desire to be left alone, to have the person stop contacting you, to stop harassing you or invading your personal space in your home, it may be wise to leave. It could be wise to take a picture of the person who is fighting with you and a picture of yourself especially if you have been hit or physically hurt in anyway. The goal is to be able to walk away before things get violent or arguments happen in front of the children, they do not need to see that.

Domestic Violence includes: harassment, assault, criminal mischief, sexual assault, stalking, terroristic threats, lewdness, criminal trespass, burglary, criminal sexual contact, false imprisonment, kidnapping, criminal restraint, and homicide.

You may be married, you may live together, you may be dating, you may have a child together, either way, when it appears that there is no turning back or you need to protect yourself and seek an attorney to help you through the family law or criminal courts, contact us on 201-706-7910.

Settling a Family Law/Divorce Dispute vs. Going to Trial

During the divorce process or a different family law dispute, you have an opportunity to resolve your case through a settlement agreement or by having a judge decide. When you have a judge decide, what you get is a decision. With a decision, many people feel the judge does not know or missed certain points but the truth is, judges are busy and try to be fair to both parties but often, in family court, the outcome is worse than reaching an agreement. When making an agreement, both parties have input, in a trial, it is one person against another and many times what is said is lost somewhere in the middle. A sign of a reasonable deal is where both parties made concessions and can live with the deal. On the other hand, when the Judge renders a final order, your say is finished (except for an even more costly appeal). When you have a family law or divorce case, do your best to work with a lawyer who wants to help you settle, or a lawyer who will mediate between the two of you. Aside from that, have the mindset that you want to resolve the matter too. Making completely unreasonable demands will only make the other side walk away from the table.

In the end, the best way to settle your case is to be prepared. A lack of preparation is a sure way to fail. Prepare, Prepare and Prepare more. If the other side knows you are ready to litigate, they will be more inclined to settle.

Common Sense- Shared Parenting Does Not Work When Parents Live Far From Each Other

Some people will do anything to get back at their spouse, some people will do anything to pay little to no child support including an unrealistic shared parenting plan. Shared parenting is geared for people with young children and/or who live near each other. However, many people do not think how going from one house one day to another the house the next day and back and forth leads to further confusion and tension for the child. Children need stability and rules. When children are shuffled from one home to the next, who sets the rules? What is the homework or school project routine? How do they build friendships in their neighborhood if they are always running from one parent’s home to the next?

Recently we had a case where the mother lived in Jersey City and the father lived in Weehawken. The father refused to allow the kids who were getting older to live in one home consistently and even tried to register the children in his school district despite the mother being the primary custodial parent. When we argued in court, the Judge ruled in our favor that while the parents live in the same county, it can easily take one hour to get to and from Jersey City to Weehawken and that the distance was not conducive for the children’s well-bring for a shared parenting plan and that of course, the children should attend school close to the primary parent’s home.

Child Custody, Child Support Family Law Attorney in Jersey City, Hudson County, New Jersey

New Jersey Child Custody Lawyers

New Jersey Child Custody Lawyer-Never Give Up!

Child Custody- the decision as to where a child should live and whether which legal custody (sole vs. joint custody) are very important cases and are heard almost daily throughout the family courts of New Jersey. The above picture of Sir Winston Churchill hangs on the wall of the Artusa Law Firm and is the principle of the firm, to never, never give up! Especially in family law when all seems lost and all seems to be going against you, attorneys that won’t give up is a critical aspect of your case. Child Custody and parenting time are arguably the most critical and important aspects of the law. While a $20 billion merger is critical in the business world, A billionaire without being able to see his son is a poor man. A woman who cannot see her child without supervision is a travesty. Jersey City Divorce Lawyer Santo Artusa knows this situations all to well.

The Artusa Law Firm team is skilled in the critical aspects of family law and how to represent their clients effectively before the Judges of Hudson County, Bergen County, Essex County and beyond. Today, another snow day in February 2014, a wicked winter in New Jersey, we dedicate this day to Sir Winston Churchill on his persistence and his guidance for all of our staff and attorneys at the Artusa Law Firm, the go to law firm for family law matters in Jersey City, Hoboken, Bayonne, Hudson County, New Jersey.

If you have a family law case and feel that your family issues are incredibly important, contact the attorneys who feel family law is the most important aspect of the courts today, contact the Artusa Law Firm on 201-706-7910.