Monmouth County Family Law Blog

When New Jersey parents go to court to resolve child-related issues, either in divorce or as single parents, it sometimes happens that a judge overseeing a particular case hands down a ruling that a parent believes is unjust. In some situations, a concerned parent may file an appeal. In other circumstances, however, filing an appeal in a child custody case would not be possible.

In order to better understand the appeals process, it helps to first understand that there are different types of rulings. Not all court orders are final. When a case remains ongoing, a judge can issue a temporary order if needed. A parent may not petition for an appeal regarding a non-final court order. If an appeal is going to be filed, the process is completed through an appellate court.

The Supreme Court is in the midst of a major international battle regarding children. The decision will affect similar child custody issues in New Jersey, elsewhere in the nation and, indeed, globally. The fight includes a young child, her Italian father, American mother and the international Hague Convention, which speaks to international child custody disputes.  

The couple met and married in the United States in 2011 and moved to Italy two years later where the relationship became problematic. The woman became pregnant in 2014 and amid physical and sexual abuse allegations, returned to the States with the baby in 2015. But under the Hague Convention, the habitual residence of the child is a determining factor when deciding on child custody issues. In 2016, a U.S. District Court in the States decided the child's habitual residence was Italy and ordered her to be returned.   

No doubt divorcing couples have many decisions to make. If the couple has kids, one of the most important decisions any New Jersey couple must make revolves around child custody. There may be a host of questions each person may have about custody issues. It may be easier for a couple to agree to custody terms if they have some clarification on certain issues.

For instance, years ago it was almost unheard of that a man would get custody of his children. Things have improved and most family court judges agree that a father can be as nurturing to his children as can their mother, so if a man wants custody of his children, he doesn't have any less chance of obtaining custody than the children's mother. It was thought that children were better off in the custody of their mothers, but it has been shown that children do just as well-being with a caring, stable father, although the ideal situation for children is to have both parents in their lives as co-parents.

One of the hardest aspects of a divorce will be figuring out what will happen to your kids. You know they will benefit if allowed to have access to and a strong relationship with both parents, but that may not be easy for you to navigate. Even if you and the other parent do not get along, you may be able to find a way to make it work for the benefits of the kids. 

However, co-parenting can be especially difficult when your ex displays toxic behaviors. You want to continue to allow your children to see their mother or father, but how can you deal with the negativity and difficult circumstances without losing your own sanity? One of the first things you can do is to learn to recognize toxic behavior and figure what child custody arrangement will work best for your family.