child custody

Can Terms of a Custody Agreement Be Changed?

November 6, 2024 | Kearns Rotolo Law

When a divorce involves young children, one of the most important issues to consider is child custody. In New Jersey, the terms of the custody agreement can be negotiated by the parents or decided by a family court judge. If the parents work out the terms on their own, their agreement must be submitted to the court for approval before becoming legally enforceable. Although the judge generally will consider the rights of each parent when deciding on custody arrangements, his or her final decision will be based on what is in the best interest of the child.

It is possible that over time circumstances change resulting in the original custody arrangements no longer serving the child’s best interest. Because the arrangements are legally binding, however, parents must return to court to have the agreement officially amended. Under what circumstances is a judge likely to consider amending a custody agreement? Read “5 Reasons a Judge Will Change Custody” to find out.

Helping Kids Cope When Co-Parents Don’t Agree on the Rules

February 1, 2024 | Kearns Rotolo Law

While co-parenting after divorce has its benefits, it also presents obstacles – not only for the parents but for the children, too. Let’s face it, if you and your ex agreed on everything, chances are you wouldn’t be divorced. So, it wouldn’t be unusual for divorced parents to have different rules when it comes to raising their children.

When parenting styles differ, it can create confusion and frustration for children who split their time 50/50 between their divorced parents’ homes. In some cases, it may even cause the children to act out and lead to behavioral problems. How can you ease this confusion and make it easier for your child when you and your ex can’t get on the same page? Read “Two Homes, Two Sets of Rules” for some suggestions.

Preparing for Your Divorce

November 1, 2023 | Kearns Rotolo Law

Divorce can be overwhelming whether the decision is a mutual one or not. There are so many details to address and life-changing decisions to be made when you are least emotionally able to do so; being prepared and organized can help relieve some of the stress.

Gathering the necessary documents, financial statements, and other paperwork pertinent to your divorce is your first step in helping to prepare your case. Your divorce attorney can then help you navigate the process and arrive at decisions that are in the best interests of your future. For a list of the type of documents you may need, read “Divorce Checklist: Financial Paperwork You Need for Divorce.”

When Co-Parenting Doesn’t Work

March 1, 2023 | Kearns Rotolo Law

It’s no secret that children do best when both parents are involved in their lives. This holds true for children of divorce, too, and it’s the reason many divorced parents choose to co-parent as part of their custody arrangement.

Co-parenting allows parents to continue working together to raise their children even after their marriage ends. But it requires cooperation and the ability to put up a united front in matters pertaining to the children. This isn’t something all parents can do, especially if they have a tumultuous relationship and have just gone through a contentious divorce. When co-parenting continues to expose children to tension between their parents, it could have a harmful rather than healing effect.

So, what are parents to do when they want to remain active in their children’s lives but simply cannot work with their ex? Consider the alternatives, one of which is parallel parenting. To learn more about this parenting arrangement, read “What Is Parallel Parenting?”

How Shared Custody Can Complicate Your Tax Returns

January 1, 2022 | Kearns Rotolo Law

January is typically the month when we start to collect year-end tax documentation in preparation for the April tax season. While filing income taxes can be complicated for many of us, it can be especially confusing for divorced parents with children.

Shared custody arrangements can raise questions regarding which parent is eligible to claim dependents and, therefore, receive tax credits. For some guidelines on claiming dependents and tax credits when sharing custody of your children with your ex read, “How to Do Your Taxes if You Share Custody of Your Kids.”

Stimulus Checks & Child Support: What You Need to Know

April 1, 2021 | Kearns Rotolo Law

The government-issued stimulus checks were intended to help those eligible address some of the financial challenges brought on by the pandemic, but for divorced parents who share custody of their children and pay or receive child support, these payments have proven a major source of confusion in some cases.

Criteria used to determine eligibility in the first two rounds of stimulus payments sometimes resulted in both parents receiving payments for the same child, or receiving a stimulus payment along with additional tax credits for that child. The eligibility criteria surrounding the third stimulus payment has changed yet again, but it still affects those dealing with child custody and support agreements. To learn how read, “Child support and the third stimulus check: Let us clear up the confusion.”

Co-Parenting Through A Pandemic

February 1, 2021 | Kearns Rotolo Law

For many divorcing couples, co-parenting arrangements offer viable solutions to less-than-ideal situations by allowing each parent to maintain an active role in the parent/child relationship. These arrangements, however, are not without their challenges, and that was never more true than during the current pandemic.

Thanks to COVID-19. such questions as whether to send your child to school, allow him or her to participate in team sports, or attend an event can now elicit polarizing responses. What can parents do when strongly opposing viewpoints toward the pandemic threaten to impede their ability to honor the terms of their parenting arrangement? Read ”Co-Parenting Through COVID-19: Putting Your Children First” for some inspiration.

Is There A ‘Best’ Time to Divorce?

November 1, 2020 | Kearns Rotolo Law

A lot of questions come into play when you are contemplating a divorce. Many of those questions depend on where you are in life now. Have you and your spouse considered all your options? Are there children involved? What are their ages? Where do you stand in your career? Are you looking to change paths? Retire? The answer to any of these questions may sway your decision.

Taking steps to end a marriage you thought would last a lifetime is never easy, but is there any one time that is better than another for coming to this decision — an age at which it would be easier to recover? Read “What Is the Best Age to Get A Divorce?” to see how some experts weigh in.

These ‘Rules’ Might Help You Get Through Your Divorce

July 1, 2020 | Kearns Rotolo Law

People rarely think clearly or make their best decisions when emotionally upset and divorce ranks right up there as second on the list of life’s most stressful events. It’s no wonder because not only are you legally dissolving your marriage, but you also are experiencing an emotional separation from a way of life you’ve become used to. Sometimes that necessitates moving to a different house or neighborhood; cutting ties with extended family and friends or, at least, adjusting to the changing dynamics of those relationships; and learning to make decisions on your own where before you had a partner to help you weigh the options. All of this makes breaking up hard to do, as the song goes.

As hard as it may be, sometimes breaking up is inevitable. When it becomes obvious that divorce is the best – and quite possibly, the only – solution to marital problems, there are steps you can take to make the process a little easier so that you come out healthier on the other end. To learn more, read “6 Rules of Engagement for Your Divorce.”

How COVID-19 and Its Related Restrictions Can Impact Your Divorce

May 13, 2020 | Kearns Rotolo Law

If you filed for divorce immediately prior to or during this time of COVID-19, chances are good that your case is experiencing delays. The restrictions imposed to help stop the spread of this virus have caused the closure of a number of businesses, government agencies and many courts to all but emergency cases. Not only may these restrictions be causing a delay in the final judgement on your divorce, but they are impacting a number of related issues including financial settlements, spousal and child support requests and child custody matters.

The impact COVID-19 is having on divorces and related issues is discussed in more detail in the Forbes article, “6 Ways The Coronavirus Can Infect Your Divorce – And Simple Steps To Protect Yourself.”