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Allison Williams Williams Law Group Family Law, Divorce, Custody & Support
As an attorney, it has always been, and will always be, about helping people. I'm passionate about my clients and I aggressively represent them. The Williams Law Group uses ethical means to create winning strategies. If you have a legal issue, we’d like to hear your message!
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custody

Providing for the Child: Does Income Affect Custody?

Providing for the Child: Does Income Affect Custody?

The Costs of Parenthood   Raising a child is expensive. Both parents share a duty to financially provide for their child, regardless of custody or parental rights. Likewise, every child has a right to financial support from his or her parents. While the court will consider many factors when making a decision on custody, income alone won’t prevent a parent from getting custody of his or her child.   Income and Its Influence   Being responsible for the care and custody of your child can result in significant expenses. Courts often order the non-custodial parent to pay child support. Child support helps the custodial parent meet these expenses. Your income will affect your child support obligation, but it won’t be a deciding factor in a custody action. The court will make a decision on custody that is in the best interests of the child. Typically, this means the parent that is best able to take care of the child’s needs is a good candidate for custody. In some cases, both parents can do this. In others, one parent may not be able to meet all the child’s needs because of work, distance, or other barriers to involved parenting. True, having a low income can make it difficult to meet your child’s needs, but in most cases such as these the other parent may be ordered to pay child support to help you meet those needs. Child support is the right of every child because these needs are so important.   What Does Affect Custody?   Income alone won’t prevent you from getting custody of your child. Other factors matter more, such as who can best meet the child’s emotional and psychological needs. Custody is ultimately decided based on what would be in the best interests of the child. As long as the court doesn’t find you are an unfit parent, you may still get custody even if you have a low income. If you have questions or concerns about custody and how your income may affect your case, consult with a New Jersey attorney with experience handling custody cases. A good custody attorney will know what factors may affect the court’s custody decision and help defend your rights as a parent.   If you have questions about New Jersey custody, Williams Law Group, LLC is here to help. The experienced attorneys at Williams Law Group, LLC can help you...

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The Relationship Between Child Custody and Child Support

The Relationship Between Child Custody and Child Support

Caring and Providing for Your Child   New Jersey child support is financial support paid by one parent to another. Child support is meant to cover a wide range of costs of raising a child, including food, clothing, and medical insurance. Both parents have a duty to financially support their child, regardless of custody. New Jersey child support guidelines rely on a number of factors to calculate basic child support. Parental gross income, custody, the parenting time division, and the specific needs of the child may be considered. Typically, the primary custodial parent receives the child support. This is the parent with whom the child lives (the parent with physical custody). This parent is responsible for the day-to-day care and custody of the child and thus carries the heaviest financial burden. The percentage of time you spend with your child will be a major factor in calculating child support. The amount of support a child needs will be determined by the parental incomes and whether any other children require support as well. Once that base figure is calculated, the responsibility is divided according to the parenting time percentage. For example, if you have your child 90% of the time, you will need most of the child support amount. This doesn’t mean that you will need to pay the other parent a minimal amount of child support to reflect the time they spend with your child. It just means that your support amount may be reduced according to the parenting time division. If the parenting time ratio is more equal, the support amount will reflect that. Child support may be minimal if both parents have the child equal amounts of time and have similar incomes. Child support isn’t entirely dependent on custody. You have a duty to financially provide for your child no matter your rights to spend time with or contact him or her. You may still have to pay child support even if your parental rights have been terminated. And you cannot refuse parenting time if the other parent fails to pay child support. You will have to take action to enforce your child support order, but this won’t affect custody. Consult with an experienced New Jersey child custody attorney if you have questions about how parenting time can affect child support. It is important to ensure your child support order is sufficient to provide for the basic needs...

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When Can You Ask for Temporary Emergency Custody?

When Can You Ask for Temporary Emergency Custody?

Immediate Protection in Serious Situations   If you suspect your child is in imminent danger, your instinct is to protect him or her at all costs. In some situations, it is necessary to take your child to a safer environment, away from the harmful parent. If you share custody or if the other parent has parenting time rights, however, you may not be able to take your child without permission or a court order. A court order can grant you temporary emergency custody. This will allow you to take your child somewhere safe or withhold access from the other parent, without the risk of violating any of the other parent’s rights.   Temporary Emergency Custody Orders   Temporary emergency custody orders can be obtained in emergency situations where your child’s safety is at stake. If you need to get emergency sole custody of your child in order to protect him or her from imminent danger, you should consult with an attorney. You will need to prove to the judge that your child is in imminent or immediate danger of abuse or mistreatment. An order for temporary custody can last just a few days or long enough to have a final hearing on the case. After a final custody hearing, the other parent may be allowed to see your child again, but they may need to complete certain steps, such as drug treatment or counseling, first. The visits may also need to be supervised for a period of time. You may also get temporary custody if you have been the victim of abuse and have a temporary restraining order against the abuser. This would allow you to take your child with you and prevent the abuser from contacting you or your child. The abuser may be allowed parenting time once a permanent restraining order is issued or even upon immediate appeal of the temporary restraining order’s limits on access to the child. In any case, call 911 if your child is in immediate danger, and then call an attorney. Protecting your child appropriately requires understanding how great the risk of danger is and finding the right advocate for your situation. Consult with an experienced New Jersey child custody attorney if you have questions about temporary emergency custody. The process to get an emergency custody order can be complex, and it moves quickly. An attorney can help you navigate the process...

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Can I Have Parental Rights Without Custody?

Can I Have Parental Rights Without Custody?

Custody vs. Rights   Custody grants parents certain rights regarding their children. These rights are specific. You can still have certain parental rights even if you don’t have custody. The rights that custody can grant you have to do with where your child lives and who makes important decisions regarding him or her. Understanding your rights as a parent without custody requires a quick look at what rights custody does grant. Having physical or legal custody of your child means you have more rights than a parent without custody has. Physical custody gives you the right to have your child live with you. This also means you are responsible for your child while he or she is in your care. Legal custody gives you the right to make major decisions about your child’s health, education, or upbringing. Both types of custody can be sole or shared by the parents. Custody is awarded to the parent or parents who can best provide for and meet the needs of the child. In many cases, a parent without physical or legal custody will still have the right to an appropriate amount of parenting time. This is the time you get visit with your child. The custodial parent does not have the right to interfere with your parenting time, even if you fail to pay child support. It is vitally important you exercise and defend the right to parenting time in order to be a positive presence in your child’s life but also ensure your rights won’t be taken away. Your parental rights can be limited if you fail to exercise parenting time, and having them reinstated is not always easy. You may also lose the right to access any information about your child. Not having custody does not necessarily mean your parental rights have been terminated.   Fight for Your Parental Rights   Your parental rights are important. If you don’t have custody but would like to learn about your parental rights, consult with an experienced New Jersey child custody attorney. If you have parental rights, it is very important that you exercise them. Learning about the full extent of your rights is the best way to do that. An attorney can advise you of your rights as a parent and help you protect them.   Do you have questions about child custody in New Jersey? Williams Law Group, LLC is here...

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What Is Parental Alienation?

What Is Parental Alienation?

The Importance of the Child-Parent Relationship One of the dangers of divorce and separation to children is parental alienation. Parental alienation happens when one parent does or says things to turn the child against the other parent. The parent may or may not do this intentionally. Nevertheless, it can make a child side with one parent more than the other. Eventually, this can result in a child being resentful of or hostile toward one parent.  Parental Alienation and Divorce During a divorce, a child needs positive support from both parents. Unfortunately, some parents will speak disparagingly about the other parent in an attempt to win the affection of the child. As a result, the parent-child relationship suffers. In severe cases, the child may refuse to see the other parent. And, in the midst of a custody battle, this can affect the outcome of the case in a way that isn’t beneficial to the child. Parents can create parental alienation between the child and parent by any number of actions, such as: Making disparaging remarks about the other parent in front of the child Being dishonest about the actions and feelings of the other parent Sharing the reason for the breakup with the child in an inappropriate way Blaming the other parent Interfering with the relationship between the child and the other parent Making the child believe the other parent does not love him or her Protecting Your Child’s Emotional Health A child’s rejection of one parent should be cause for concern. It could be a sign of parental alienation, but it can also be an indicator the child needs an advocate for their mental health. You should never ignore signs of parental alienation. It is a serious condition that can impact your child for years to come. Many children struggle when coping with divorce. This can result in problem behavior or conditions such as parental alienation. It’s important to identify these problems early on so you can get your child the help they need and put guidelines in place to ensure your child’s emotional health is protected. If you have a custody case that may involve parental alienation, you should speak with an attorney. You may need to make a custody modification, and an attorney can help you with this.   Are you concerned about parental alienation? Williams Law Group, LLC is here to help you make the best...

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