The issue of the division of deferred compensation in divorce – more particularly, unvested deferred compensation, is often one that is hotly disputed. This is in part because there is
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Suri and Scientology – Katie’s Choice?
Let’s be honest – articles about Tom Cruise’s lifestyle are never dull, especially those pertaining to his religious beliefs. His divorce last year from Katie Holmes was, and continues to
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HOW CAN THERE BE JOINT LEGAL CUSTODY IF THE PARTIES CANNOT COOPERATE AND REFUSE TO COMMUNICATE?
Early in case where children are involved, we discuss the different types of custody. There is residential custody – i.e. who the children live with and the resulting parenting time for the other parent. Then there is legal custody which is decision making regarding issues of the health, education, religion and general welfare of the kids. in 99% of the cases, the parties will share joint legal custody – it is usually a no brainer. in fact, In the New Jersey Supreme Court’s seminal decision of Beck v. Beck, 86 N.J. 480, 497-501 (1981), the Court stated as follows with regard to whether joint custody should be awarded:
At a minimum both parents must be ‘fit’ that is, physically and psychologically capable of fulfilling the role of parent.
That said, the minimum requirement of joint legal custody is the ability to communicate and cooperate on some basic level as it relates to the best interests of the children. The Court in Beck further noted:
The judge must look for the parents’ ability to cooperate and if the potential exists, encourage its activation by instructing the parents on what is expected of them. . . [W]hen the actions of [an uncooperative] parent deprive the child of the kind of relationship with the other parent that is deemed to be in the child’s best interests, removing the child from the custody of the uncooperative parent may well be appropriate as a remedy of last resort.
Again, in Beck, the Supreme Court of New Jersey has written:
The most troublesome aspect of a joint custody decree is the additional requirement that the parents exhibit the potential for cooperation in matters of child rearing. This feature does not translate into a requirement that the parents have an amicable relationship. Although such a positive relationship is preferable, a successful joint custody arrangement requires only that the parents be able to exclude their personal conflicts from their roles as parents and that the children be spared whatever resentments and rancor the parents may harbor. Beck v. Beck, 480, 498 (1981).
Appellate Division Affirms What It Deemed Was Trial Court Modification of the Parties’ Custody Agreement As To Decision Making
Last week we blogged about a recent unreported Appellate Division case where I was the attorney for the winning party at trial and on appeal. To view the prior post, click
Who Chooses the Children’s Religion? The Answer Is Easier Than You Think
In this day and age, marriages involving people of different religious in no longer uncommon. In some of these families, the parties choose one religion to raise the children in.
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Sole vs. Joint Legal Custody – Is It Worth Fighting About?
A lot of times clients come in saying that they want full or sole custody of the children. This inevitably leads to a discussion regarding the distinctions between legal and
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