Divorce where children are involved can be an ugly process in New Jersey. Alternatively, a divorce involving children can be carried out in an atmosphere of cooperation and open communication that focuses on the importance of maintaining a semblance of family structure following a divorce. Regardless of how parents feel about each other, they typically share concern for the well-being of their children. How well children fair in a divorce depends largely on the structure of child custody and the continued relationship between the children and both parents.
Divorce is never easy and can be especially difficult when children are involved. Some splits are amicable and the couple make their own child custody arrangements. When that is not possible, the issue of child custody can be a very painful one and can lead to unpleasant outcomes in New Jersey.
New Jersey defines child abuse as the act of repeatedly hitting a child with a closed fist, with sufficient force to leave bruises still visible more than a day later. N.J.S.A. 9:6-8.21(c)(4)(b)[.]" The DYFS (now known as DCPP) Policy and Procedures Manual, defines "child abuse" as physical injury "due to a parent's/caregiver's action or inaction that was neither necessary nor justified, neither reasonable nor appropriate." The Manual further states that "a single incident may be enough to indicate abuse and corporal punishment is defined as `any punishment inflicted on the body.'" Where one parent has committed an act of abuse upon a child that is often a key factor in a custody case. In those situations, Division records should be requested via Motion for an in camera review by the court. #divorce #childsupport #childcustody #alimony #garneslaw
The opioid crisis in this country continues to threaten lives and jeopardize families. Parents seeking help for their opioid addiction are frequently confronted with the prospect of losing custody of their children. In actuality, this can deter a person from seeking help due to the fear of losing his or her child. New Jersey is a state that does not equate drug use with child abuse and so losing child custody is not necessarily a deterrent to seeking help.
Child support can be one of the most difficult hurdles to conquer when a couple decides to divorce in New Jersey. The balance needs to be made between providing for the child's needs but also acknowledging the economic realities of both the custodial and noncustodial parents. In most cases, the noncustodial parent will pay child support to the custodial parent.
A Georgia couple who says they gave their son marijuana to treat his seizures, is fighting to regain custody of him. The state took custody of Matthew and Suzeanna Brill's15-year-old son, David, in April when he tested positive for marijuana. They are charged with reckless conduct and facing jail time. Increasingly marijuana is being decriminalized. Despite this trend, however, marijuana is still considered an illegal drug. Is it ever justfied to give a child an illegal drug to treat a debilitating illness?
Fifty years ago, a typical family may have resembled the popular television family, the Cleavers, from "Leave it to Beaver." There was a mom, a dad and a couple of children. Today's idea of a family may look very different but the care and well-being of children is still a primary concern in New Jersey. As such, child custody arrangements should be constructed with the best interest of the child in mind.