Somerset County Child Custody & Support Attorneys

What Constitutes an Unfit Parent in New Jersey?

When it comes to ruling for child custody, a NJ court may disqualify an individual if they are ruled "unfit". Being an unfit parent or guardian essentially means that they are unable to provide a safe and secure home for the child. Putting a child at risk of harm is not something the NJ courts are willing to ignore.

Some of the grounds for finding a parent to be unfit include:

• A mental health issue that is inhibiting them from carrying out their role as parent or guardian
• A history of dangerous actions including domestic violence
• Substance or alcohol abuse
• Previous child neglect or endangerment

If you are worried that the other parent may be unfit, or if accusations have been made against you, it can be overwhelming to face a custody investigation on your own. Courts in Somerset County may look at records from law enforcement, the New Jersey Division of Child Protection and Permanency, medical providers, and schools to decide whether a child is truly at risk. 

How is Child Support Calculated in New Jersey?

New Jersey law utilizes a shared income model when determining support. This means that both parents should be financially responsible for their children. If possible, the NJ court will examine the incomes of both parents and then make a decision based on what is deemed fair and appropriate.

Expenses that the non-custodial parent will be responsible for include:

• Healthcare
• Transportation
• Clothing
• Food
• And housing

Predictable recurring expenses like work-related child care, health insurance, additional un-reimbursed health care, visitation transportation, and other special needs can be added to the child support calculations upon court approval.

Parents often want to know how changes in income, overtime, bonuses, or a new job in another part of Central New Jersey might affect the guideline amount. An attorney can review your pay records, tax returns, and current parenting schedule and then explain how the New Jersey Child Support Guidelines are likely to be applied in your case. This guidance can be especially helpful if your matter is being heard at the Somerset County Courthouse or if you are working through the New Jersey Child Support Probation system.

How Long Do You Have to Pay Child Support in NJ?

While no case is identical, child support is usually ended under these specific conditions:

• The child turns 19
• The child joins the military
• The child passes away
• The child marries

Support may be extended to children who are disabled or are unable to take care of themselves financially due to circumstances out of their control.

In some situations, support may continue beyond age 19 if a child is still in high school or enrolled in certain post-secondary programs, or if there is a documented disability that limits their ability to be self-supporting. Because New Jersey law allows either parent to ask the court to review or modify support when circumstances change, it is wise to keep good records of your child’s educational and medical needs.

Holidays & Parenting Schedules

During the school year, kids spend a great deal of time in school and participating in extracurricular activities. When school in NJ is out for the summer, however, their schedules may change significantly. The child may want to take part in activities such as summer sports or camps.

Holiday and vacation time can be especially sensitive when parents live in different towns within Somerset County or in nearby counties like Morris or Middlesex. Detailed parenting plans often spell out how major holidays, school breaks, and long weekends will be divided so that children have meaningful time with both sides of the family. 

Common holiday and vacation issues that parents may need to address include:

• Dividing major holidays such as Thanksgiving, winter breaks, and religious observances in a way that feels fair to both sides of the family
• Coordinating school breaks so that each parent has meaningful extended time with the child during spring and summer vacations
• Managing travel plans, including out-of-state trips, passport arrangements, and sharing detailed itineraries when children will be away from New Jersey
• Handling special occasions like birthdays, graduations, and family events so that children are not caught in the middle of disagreements

Additional Frequently Asked Questions About NJ Child Custody Laws

How are decisions made for the kids?

Decision-making is part of “legal custody.” Typically parents share legal custody, and therefore share decision-making.

What if one parent wants to relocate out of state?

If a parent wishes to relocate out of state with the children, they must either have the consent of the other party or be granted the right to relocate by the Court.

Will I have to pay for college?

You may. This is a very fact-sensitive question that requires an in-depth analysis.

Many parents also ask what happens if the other parent does not follow the parenting time schedule or repeatedly returns the child late. In New Jersey, you may be able to seek enforcement of your order, makeup time, or other remedies through the family court in the county where your order was entered. A Somerset County Child Custody Lawyer can help you evaluate whether to file an enforcement motion, request a modification, or explore mediation options to address ongoing problems.

Legal Advocates Serving Somerset & Morris Counties for 60+ Years

Lane & Lane, LLC has the experienced Somerset County child custody & child support attorneys you want by your side in family court. If you choose us to represent you, one of our partner family law attorneys will be with you from the start to the end of your case, giving you the legal insight, support, and reassurance you need.

To start discussing how Lane & Lane, LLC can help with your child custody or child support case in Somerset County, contact us online or call (908) 259-6673 today.

Related Reading:

• Reasons a Judge Will Modify Custody