Legal Question in Family Law in New Jersey
Going from ''Open Visitation'' to ''Joint Custody''
I currently have Open visitation with my Ex wife. I have my son almost four to five times a week. I want to know How hard it is to go from open visitation to joint custody and if its better.
1 Answer from Attorneys
Re: Going from ''Open Visitation'' to ''Joint Custody''
You may already have "joint custody" and not know it. Most people do not understand the concept of "custody". In fact, although the word is sometimes used, its relevance is somewhat lessened by the concept of where the child spends most of his/her overnights. We designate the parent with the majority of the overnights as the "parent of primary residence" or "PPR" and the other parent is the "parent of alternate residence" or "PAR". Adjustments are made in child support depending on the number of overnights with each parent. As to major decisions (eg., religious training, educational decisions, non-emergent health care), in the absence of Court Order or agreement, both parties can make those decisions. This is where "joint" or "sole" custody makes a difference. If there is no "sole" custodian, then both parties are forced to make a joint decision about important issues. "Sole" status would give one parent the proverbial trump card. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner