We have the experience to tailor our advocacy to your unique family situation.
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Our starting point is compassion. For clients who wish to minimize the cost and emotional stress of a situation, such as divorce, we may recommend informal negotiations with opposing counsel. In this role, our advocacy would take an advisory role, where we would evaluate any settlement offers within the context of your future lifestyle resources and needs. If we reach agreement on one or more issues, we could present them to the court for approval. Family law sometimes requires aggressive advocacy.
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We also have the experience to build a tough court case. In a contested divorce, litigation may be required. That process may start with civil discovery.
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We know how to utilize the law to obtain necessary information, whether we are seeking financial details about the marital estate or seeking expert options from child psychologists. We also know how to present your side of the story in court. If a trial is required, you can take confidence in our experience. This means that the emotional and physical well-being of the child is the main concern. Each situation is unique but when a child custody case goes to court, the judge presumes that parents should share child rearing responsibilities.
The law goes on to provide factors that should be considered when determining what is in the best interests of a child. In New Jersey, parents are not required to involve a judge in New Jersey child custody arrangements. Many find it easier to work out the agreement on their own with help from a New Jersey family law attorney. They develop parenting schedules that meet their needs while maintaining the welfare of their children.
Child Custody Lawyers in South Orange, NJ
A parenting schedule is frequently drafted with the help of a child custody mediator so that each parent knows when they will have the child for their own parenting time. Only when parents cannot agree on custody must they head to court and they may be required to first participate in custody mediation. Custody arrangements consist of physical custody, which is the location where the child receives parental care, and legal custody, which is participation in decisions regarding the education, health, or general welfare of the child.
New Jersey law favors only shared parental responsibility, so it is up to parents, their attorneys, and the court system to determine the best arrangement. Whether parents were married or not, they may find themselves discussing the issue of child support. New Jersey obligates both parents to support their children, using the Income Shares Model when determining child support amounts.
The New Jersey Child Support Guidelines approximate how much parents would spend on supporting each child if the family unit was intact. This amount is then divided between parents based on income levels. New Jersey child support guidelines are extremely detailed and complex to follow, making it important to have assistance from someone well-versed in state child support laws — such as a New Jersey family law attorney!
The New Jersey family law courts require parents to complete either the state-provided Sole Parenting or Shared Parenting Worksheet when establishing or modifying child support. A family lawyer will help parents prepare the appropriate worksheet and present it to the court for approval. Weinstein strive to perfect their legal services to help the lesbian, gay, bisexual and transgender community in issues related to securing parental rights and adoption so they may enjoy the same rights and benefits as heterosexual couples.
When a spouse and children are victims of physical or verbal abuse , long-term consequences can result.
Weinstein can assist victims of domestic violence in obtaining legal protections such as a restraining order against the abuser. Without proper protections in place, an abusive parent could conceivably obtain custody of the children, allowing the abuse to continue. While some states operate under community property laws, most states, including New Jersey, operate under equitable distribution laws which means that rather than splitting the marital assets right down the middle, the court looks at a number of factors to ensure the asset split is fair.
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Those factors include marital agreements between the spouses, the length of the marriage, the amount of property or income each person brought to the marriage, the standard of living during the marriage, contributions by either party to the training, education or earning potential of the other spouse, the current income and earning potential of each spouse and whether one spouse has been out of the workforce due to childcare responsibilities.
This means that even if one parent is awarded sole physical and legal custody, the other parent will receive visitation rights.
The court may grant the more flexible reasonable visitation where parenting time occurs when it is convenient and reasonable for both parents, fixed visitation which precisely dictates the days and times the non-custodial parent will have visitation or supervised visitation when there has been a history of violence, drug use or alcohol abuse. Whenever one spouse has significant changes to their life in the form of earning capacity or health, a post-divorce modification may be asked for.
A post-divorce modification could also be appropriate when one spouse is not abiding by the terms of the divorce agreement. If you are a New Jersey resident who is experiencing family issues which require legal assistance, contact Law Offices of Edward R. We can work with you through the stress and emotion which often accompanies family law issues while aggressively defending your legal rights. Contact Law Offices of Edward R. Weinstein today. Skip to primary navigation Skip to main content. This field is for validation purposes and should be left unchanged.
Child Custody. Child Support.
Domestic Violence. Parenting Time. Post-Divorce Modifications. Property Division. Edward R. Alison J. Sutak, Esq. Jessica L. Arndt, Esq. Leslie M. Martin, Esq. About Law Offices of Edward R.
South Jersey Family Law and Divorce Attorney
Your Questions, Answered What is an annulment? I was asking for a miracle, and there you were. Weinstein Law Offices of Edward R. Alimony Spousal support or alimony —along with child custody and asset division—can be among the most contentious aspects of a divorce.
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Child Custody As in most states, child custody laws in New Jersey are based on the best interests of the children. Child Support Child support is ongoing payments made by the non-custodial parent to the custodial parent for maintenance of the child or children. Divorce Divorce can be one of the most stressful times you will ever experience, full of life-changing decisions.