For many divorced parents, custody is often the most contentious issue that will arise during divorce proceedings. However, it’s important to understand that the courts will act in your child’s best interest when deciding on these matters. Though it can be hard to say goodbye to your child while they spend time with their other parent, it can become frustrating when your ex fails to drop the child back off on time. Understanding your legal options is critical if your spouse continually keeps your child past their allotted custody time. This blog explores what you must know and why it’s in your best interest to connect with a Somerset County child custody lawyer who can assist you in these matters.
How Is Custody Determined in New Jersey?
In New Jersey, custody matters are determined based on the best interest of the child. Essentially, this means that the courts will prioritize the best interest of the child above all else, including the wants and wishes of the parents. As such, when determining how to divide custody between parents, the courts will consider the following factors:
- The health and age of each parent
- Whether or not there is a history of domestic abuse or neglect
- If either parent suffers from substance abuse issues
- The job and career demands of each parent
- Who the primary caretaker of the child was before the divorce
- The income of each parent
- The child’s preference
In most instances, the courts believe that equal custody is in the best interest of the child. This is because they believe it is best for the child to have a relationship with both parents. However, the aforementioned factors can impact if custody is even.
What Can I Do if My Ex Continually Keeps Our Child Past Their Allotted Custody Time?
When the court writes orders for custody, it’s imperative to adhere to the plan in place. However, when your ex continually drops your child off late, thus ignoring the custody plan, it can be infuriating. Though you may want to retaliate, you should refrain from doing so, as it can negatively impact you. Instead, the best course of action is to document each instance in which your spouse violates the custody order.
Next, you can submit this evidence to your attorney who can help you petition the court to enforce the custody orders. If you have any conversations with your ex regarding these matters, be sure to have them in writing as you can also use this to show that your spouse continually violates the parenting plan.
As you can see, a spouse who violates custody matters is a delicate subject that must be handled carefully. That’s why letting the team at the Siragusa Law Firm assist you is critical. Our firm understands how important these matters are to you and your family which is why we will do everything in our power to assist you. Connect with us today to learn more.
