Coercive Control: What New Jersey Domestic Violence Victims Need to Know
Family law matters are much more than legal issues that need to be resolved. They involve relationships with romantic partners, children, and often touch every member of a family, such as grandparents, in one way or another. For this reason, you need a competent and skilled attorney in your corner whom you can trust to effectively handle your family law matter and ensure your interests are protected at every turn. Fortunately, if you’re reading this, you’re in the right place. For over two decades, the Law Office of Stephanie Albrecht-Pedrick, LLC has fought for individuals in New Jersey facing complex family law matters, and we’re here to fight for you, too. Contact a skilled Atlantic County family lawyer from our firm today so we can get started working on your case.
Our Family Law Services
Child Custody
Child custody is very often the most emotionally charged issue in any family law case. This is because, rather obviously, no parent wants to feel as though he or she is losing valuable time with a child.
New Jersey courts determine child custody matters according to what is known as the “best interests of the child” standard. This means that the court’s primary concern is not what is easiest for either parent, nor is it what either parent may personally prefer. Instead, the court’s primary concern is ensuring that the child is placed in a situation that promotes stability, safety, and overall well-being.
There are two primary forms of custody in New Jersey. They are as follows:
- Legal custody, which concerns a parent’s ability to make major decisions regarding:
- Education
- Medical treatment
- Religious upbringing
- Extracurricular activities
- Physical custody, which concerns where the child primarily resides.
Custody arrangements may include:
- Joint legal custody
- Sole legal custody
- Shared physical custody
- Primary residential custody with parenting time for the non-custodial parent
When determining custody, Atlantic County courts will frequently consider several factors, including:
- Each parent’s ability to communicate and cooperate
- The relationship between each parent and the child
- The stability of each parent’s home environment
- The needs of the child
- Any history of domestic violence
- The preferences of older children, provided they are mature enough for those preferences to be considered
Generally speaking, New Jersey courts prefer arrangements that allow children to maintain meaningful relationships with both parents whenever possible.
Child Support
One of the biggest concerns parents have during and after divorce is determining how child support will work.
Child support in New Jersey is generally calculated under the New Jersey Child Support Guidelines. These guidelines are intended to fairly distribute the financial cost of raising a child between both parents so that the child does not suffer financially simply because his or her parents are no longer together. Some of the factors courts consider when calculating child support are as follows:
- The income of both parents
- The number of children involved
- Childcare expenses
- Health insurance costs
- Parenting time arrangements
- Educational expenses
- Certain extraordinary expenses related to the child
Many people assume that child support automatically ends when a child turns eighteen years old. Fortunately, this is not always the case.
In many situations, child support may continue if a child:
- Is enrolled in college on a full-time basis
- Has a disability or special needs
- Continues to remain financially dependent upon his or her parents
Child support obligations continue until a child becomes emancipated under New Jersey law, though disputes over emancipation are not uncommon and frequently require court involvement.
Relocation
Life changes. People receive new jobs, remarry, move closer to family members, or simply seek opportunities elsewhere. Unfortunately, when children are involved, relocation can become significantly more complicated.
If one parent wishes to relocate with a child and the move would substantially interfere with the other parent’s parenting time, court approval may become necessary if the parents cannot agree on the move themselves.
When determining whether relocation should be permitted, New Jersey courts will generally consider factors such as:
- The reason for the proposed relocation
- Educational opportunities in the new location
- The impact the move may have on the child’s relationship with the other parent
- The feasibility of maintaining parenting time
- The overall best interests of the child
College Expenses
One of the most common disputes parents face after separation or divorce concerns who will pay for a child’s college education.
Unlike many states, New Jersey courts may require one or both parents to contribute toward higher education expenses, even after a child reaches the age of majority. Whether a parent will be required to contribute depends on the specific circumstances of the case.
When deciding whether college contributions are appropriate, courts may consider factors such as:
- Each parent’s financial resources
- The child’s aptitude and commitment to higher education
- The cost of the chosen school
- The availability of financial aid, scholarships, and grants
- The standard of living the child would have enjoyed had the family remained intact
- The relationship between the child and each parent
Disputes involving college expenses often arise long after a divorce has been finalized. Whether you are seeking contribution from the other parent or contesting an unreasonable request, having an experienced family lawyer in your corner can help protect your financial interests.
Prenuptial Agreements
Contrary to popular belief, prenuptial agreements are not reserved exclusively for celebrities, business owners, or extremely wealthy individuals.
In fact, many couples throughout New Jersey choose to enter into prenuptial agreements simply because they wish to clarify financial expectations and avoid future disputes. A prenuptial agreement may address issues involving:
- Separate property
- Retirement accounts
- Business interests
- Debt allocation
- Spousal support rights in certain circumstances
For a New Jersey prenuptial agreement to be enforceable, several requirements generally must be satisfied. They include:
- Full financial disclosure
- Voluntary execution of the agreement
- Adequate time for review before the wedding
- Compliance with New Jersey law
That being said, improperly drafted agreements are frequently challenged during divorce proceedings, which is why careful preparation is often essential.
Post-Judgment Modifications
Many people mistakenly believe that once a divorce judgment is entered, all issues become permanent and can never be revisited.
Fortunately, this is not necessarily true.
As life goes on, circumstances change, and sometimes considerably so. New Jersey courts recognize this reality and allow parties to request modifications when substantial changes in circumstances occur.
Some examples of circumstances that may justify a modification include the following:
- Job loss
- Serious illness
- Disability
- Retirement
- Significant income changes
- Changes in a child’s needs
- Relocation
Orders that may potentially be modified include:
- Child support
- Alimony
- Parenting time
- Custody arrangements
The party requesting the modification must demonstrate that the change in circumstances is substantial, continuing, and was not anticipated at the time the original order was entered.
Domestic Violence
Domestic violence allegations can have immediate and extremely serious consequences for everyone involved.
Under New Jersey’s Prevention of Domestic Violence Act, individuals may seek legal protection from conduct including:
- Assault
- Harassment
- Stalking
- Terroristic threats
- Criminal restraint
- Sexual assault
- Criminal mischief
Victims may seek a Temporary Restraining Order, commonly referred to as a TRO, often on an emergency basis.
If a TRO is entered, a hearing will subsequently be scheduled to determine whether a Final Restraining Order should remain in place.
Restraining orders can affect several aspects of a person’s life, including:
- Child custody
- Parenting time
- Possession of the marital residence
- Firearm ownership rights
- Future family court proceedings
LGBTQ Family Law
Family law issues affect families of every structure and background, and New Jersey courts regularly address issues involving LGBTQ individuals and families. Some of the family law matters commonly affecting LGBTQ families are as follows:
- Divorce proceedings
- Child custody disputes
- Adoption matters
- Assisted reproduction issues
- Parentage disputes
- Parenting agreements
Though marriage equality resolved many legal issues for same-sex couples, unique issues can still arise regarding legal parentage and parental rights, particularly in situations involving assisted reproductive technology or non-biological parents.
For this reason, ensuring that parental rights are legally recognized can be extremely important for protecting both parents and children moving forward. A family lawyer from our firm can help ensure your rights and interests are protected.
Emancipation
Many parents assume that child support automatically ends when a child turns eighteen. However, under New Jersey law, that is not always the case.
A child is generally considered emancipated when he or she has become financially independent and is no longer dependent upon either parent for support. Determining whether emancipation has occurred is often more complicated than many people realize.
Emancipation disputes commonly involve situations where a child:
- Is attending college full time
- Has graduated and entered the workforce
- Has joined the military
- Has married
- Has a disability or other circumstances that require continued financial support
Whether you are seeking to terminate child support because your child has become emancipated or opposing an emancipation application because continued support is appropriate, an experienced family lawyer can help protect your rights.
Guardianship for Adults
When an adult is no longer able to make important personal, financial, or medical decisions due to a disability, illness, or diminished capacity, it may become necessary for a court to appoint a legal guardian.
Adult guardianship proceedings can help ensure that vulnerable individuals receive appropriate care while protecting their legal rights and personal well-being.
Depending on the circumstances, a guardian may be responsible for matters involving:
- Medical and healthcare decisions
- Financial management
- Living arrangements
- Government benefits
- Personal care and daily needs
Contact a Family Lawyer in Atlantic County, New Jersey
The bottom line is that if you are facing divorce, child custody, support, paternity, domestic violence, or any other family law matter, it is important to speak with an experienced family lawyer who can evaluate your situation and work toward the best possible outcome on your behalf. Contact The Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today so we can discuss your case.