A bad spouse doesn’t always make a bad parent in New Jersey

Courts have distinguished between marital fault and misconduct that would lead a court to find that a parent is unfit. This means that proving that a parent was a horrible spouse does not mean that the court will also found that the parent is unfit. Of course, there is a difference between seeking custody versus eliminating parenting time. To eliminate parenting time, some courts take the view that children are only entitled to D- parents, not A+ parents. However, when it comes to custody, the court will generally determine which parent is better.

 

Furthermore, all cases are fact sensitive. So, arguing that a parent engaged in adultery may have absolutely no impact on a custody or parenting time award in New Jersey. However, if one of the parents is bringing the child around the new paramour, the court may side with the other parent as courts do not like to have children be subject to new paramours, especially right after the parents separated or divorced.

Essex County Child Custody Lawyers

Advertisements

Posted on November 25, 2012, in Custody Problems and tagged , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: