What’s Considered for Custody in a Long-Distance Divorce?

There may be extenuating circumstances that force you to live far away from your former spouse and your shared child after filing for divorce. With this long-distance divorce, you may accept the fact that it is not feasible to be granted joint physical custody rights over your child. But at the very least, you may want to fight for an adequate amount of scheduled visits in your agreement. For this, please read on to discover the factors likely considered for child custody in a long-distance divorce and how one of the seasoned Somerset County child custody lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you receive a favorable arrangement given your situation.

How does a long-distance divorce work?

Say that you already have to move out of state in the middle of your divorce proceedings. Well then, you may have to attend court appearances and communicate with the court via video conferencing. Still, the New Jersey family court may hold jurisdiction over your case if your spouse meets the residency requirements for divorce.

Specifically, even with a long-distance divorce, at least one spouse must have been a bona fide resident of the state of New Jersey for at least one year before filing. The only exception to this rule may be if your fault grounds for divorce are adultery.

What considerations are made for child custody in a long-distance divorce?

You may feel more secure knowing that the New Jersey family court typically wishes that a child maintains a close-knit relationship with both parents. So, in your long-distance divorce, they may be inclined to grant you scheduled visitation rights over your child, so long as you prove you are parentally fit.

Usually, these visits may fall on long weekends, as well as federal and religious holidays, school breaks, and extended summer breaks. However, the exact schedule the court coordinates may depend on several factors, including the following:

• Whether both parents can handle the financial burden of travel expenses for scheduled visits.
• Whether the noncustodial parent’s work schedule coordinates with the child’s school schedule for visitation dates.
• Whether the child is of a minor age and requires adult supervision on scheduled travel dates by either parent.
• Whether the child is of a minor age that makes extended travel too physically and mentally taxing on them.
• Whether the child is of a mature enough age where they can voice their preference on scheduled visitation dates.
• Whether the child has school events or extracurricular events they already committed to during their scheduled visitation dates.

There is no sense delaying your divorce proceedings if you know parting ways with your spouse is in your best interest. So please get in touch with one of the competent Somerset County family lawyers from the Law Offices of Kisha M. Hebbon, LLC today.