I file for divorce?

Being the first to file or making your spouse angry for filing for a divorce will not cause you to lose custody.

My spouse earns more than I do?

Just because your spouse earns more does not mean that spouse will get custody.

My spouse can afford to keep the marital home and I can’t?

Being able to afford the marital home is not the only criteria.

My spouse has threatened that I will lose custody and he/she will get custody?

Threats are not the criteria.

Most cases settle.  Therefore, as difficult as it seems at first, most parents will work out a parenting plan in which both parents have some parenting time and special days, such as holidays, are shared or alternated.  While it may seem impossible, there are many tools to help parents resolve this important issue.  Some examples are four-way meetings, negotiating, mediators, etc.

If the Court has to decide, the Court will decide based on what is in the “best interests” of the child or children.  The decision is not based upon the one who wants the divorce, or the one who earns less, or the one who can afford the house or will fight for custody.  The Court will decide based on what is in the best interests of the child and that requires that we look at the child’s mental and emotional needs as well as the child’s physical needs.

If you have questions, call Iandoli & Edens at (908) 879-9499 for a consult to discuss your particular situation and click here www.iandoliedens.com to learn more about us.