If you’re navigating a divorce with children, custody may be one of the most challenging issues to address. Unfortunately, some individuals may resort to using custody threats as a means of punitive leverage against their spouse. The fear of losing your children is an overwhelming burden that no parent should endure. For this reason, it’s essential to know what actions you can take if your spouse threatens to take your kids away during your New Jersey divorce. If you are unsure what to do, you’ll want to continue reading and contact our knowledgeable Monmouth County Child Custody Attorneys today.
How Do NJ Courts Determine Child Custody?
When deciding custody matters in New Jersey, the court considers the “child’s best interest.” This means that they will prioritize the health, happiness, and overall well-being of the child above all else including the desires of the parents. However, it’s important to note that, when possible, the courts do favor shared custody. This is because they believe it is in a child’s best interest to maintain a relationship with both parents. In addition to this standard, the court will also consider several other factors, including:
- The age and health of each parent
- The income and earning capacity of each parent
- The parent’s ability to cooperate
- The parent’s fitness
- The parent’s relationship with the child
- The parent’s home environment
- The parent’s proximity
- The child’s preference (if sufficient age and maturity)
- The child’s needs
- History of abuse or neglect
- Any other factors deemed relevant by the court
What Should I Do if My Spouse Threatens to Take the Kids During My Divorce?
New Jersey courts don’t look kindly upon one parent attempting to deprive the other of access to their children. It’s important to understand that unless your spouse receives a court order, they are not permitted to take your children or prevent you from seeing them. If they attempt to deprive access to your children, you should immediately contact your attorney so they can help you petition the court. If the threats have placed your children’s immediate safety at risk, an attorney can help you secure a protective order or an emergency custody order. It’s imperative to document every threat made by your spouse. These documents can serve as critical evidence if litigation becomes necessary.
Navigating this situation is not something you have to do alone. At Paone Zaleski & Murphy, we are prepared to help guide you through these difficult times and fight for the best possible outcome. Connect with our firm today to learn how we can protect your rights and interests.
