Did you know that in New Jersey, guardianship is known as the primary caregiver? This means that the state will take over the role of deciding how to raise and spend your child. Your parents may be involved in making these decisions, but they are not entitled to do so. This is why it is important that the child has someone that he or she can depend on, and the best way to do that is through a family law attorney.
When a child has been assigned a legal guardianship in New Jersey, that individual will have a number of responsibilities. First, the care giving parent will be required to be the person that gives information and monetary support for the child. The court will appoint this person, usually depending on his or her standing within the community. It is a good idea to have a background check done on any person that will be placed in this position. It is possible that this could include a check for drug abuse, alcohol abuse or anything else that would put the child in harm’s way.
A lot of times the New Jersey guardianship arrangement works out because neither party feels that they can care for the child on their own. In other situations, however, there is an argument that one or both parents are unfit. A judge will make a decision about who will be in control of the child. In the end, the parents might be happy with a guardianship that allows them to both be a part of their child’s life, but it is possible that the other parent would prefer to step back and allow for some visitation time. If this is the case, then the court will determine what the best arrangement is for all parties involved.
Once a decision is made about which parent will have custody of the child, it is time to find out what type of plan the guardian will have to follow. Usually, this involves a schedule that outlines when the child will be with each parent. This schedule is also contingent on what the other parent wants. The judge can set up an agreement where the child will spend approximately forty-five days with each parent, twenty-four hours per week.
Parents who agree on a New Jersey guardianship program can still go to court if they are not satisfied with the initial plan. There is no way to get the court to override a guardianship order once it has been established. There are only two options available to guardians if the parents are not able to agree on a plan. One option is for the parents to file for an injunction, which would stop the guardianship plan from going into effect. The other option is to go before the judge and ask him or her to force the parents to submit an acceptable plan.
Once the parents are in agreement, the court will appoint a guardian for the child. This person will act in the child’s best interest when it comes to medical, educational, religious and other needs. Visitation rights are determined by the court. For religious and educational visits, the child must be allowed to attend church services and participate in school programs. If the court allows public visitation rights, both parents must be involved in the decision.
The New Jersey state court system has specific laws in place for who should be considered a suitable care provider. Anyone who does not have experience as a nanny or babysitter will not be considered suitable. A nanny or caretaker must be capable of providing safe, adequate child care. Furthermore, the appointed guardian must be someone the child has known and trusted all his/her life. This means that the child’s family, friends, teachers, and other people in the child’s life cannot be considered when looking for a care provider.
If the parents are not able to agree on a New Jersey guardianship arrangement, a court hearing will be held. At this point, either party can present their case or if they are in agreement, a court will issue an order for custody, visitation and other related issues. The best thing for parents to do in this situation is to hire an attorney who specializes in this area. This ensures that everything is done legally and that both parents receive the fair share of child custody.