If you have reached the point in your marriage where divorce is inevitable, many concerns may be swirling in your head as you enter this new, uncharted phase. If you feel the impending divorce is your fault—if, for example, you had an extramarital affair—you may also be concerned about the effect this will have on your child custody arrangements. Is it possible you would lose access to your children or have less time with them if your behavior led to the divorce?

The Lento Law Firm Family Law Team has worked with families throughout New Jersey on all aspects of family law, including divorce, custody agreements, and post-divorce custody changes. We can help you find the solution that is best in your case as you work to maintain a healthy parent-child relationship. Call the Lento Law Firm Family Law Team at 888-535-3686 or contact us online.

Irreconcilable Differences and Other Causes of Action in Divorce

Even if you acknowledge that the divorce is your fault because you committed adultery, when it comes to the law in the state of New Jersey, this should not affect your child custody agreement. “Irreconcilable differences” (a “no-fault” cause) is the most cited cause of action in divorce filings in New Jersey and can be used in cases where one or both spouses committed adultery. However, if your spouse can prove allegations they make about behavior such as domestic violence or alcoholism, which each fall under a “fault” cause of action, it can have significant implications for your child custody agreement.

The difference the cause of action for the divorce makes in the child custody agreement comes down to its effect on the best interests of the child, which is the main consideration when a court in New Jersey determines child custody. The court will consider factors like how well the parents communicate, how stable each home environment is, the safety and needs of the child, and, if the child is old enough, their preference. Adultery is an issue between spouses, but something like alcoholism can affect how you care for your child.

The Lento Law Firm Family Law Team Can Help You With Child Custody Concerns

Whatever the reasons for your divorce, when it comes to child custody agreements, the best interests of your children are the most important consideration. The state of New Jersey recognizes that whenever possible, a child should be able to have a strong bond with both parents, regardless of the parent's relationship with each other.

The experienced Lento Law Firm Family Law Team will give you the guidance you need to craft the child custody agreement that is best for your children and supports your relationship with them. Call the Family Law Team at the Lento Law Firm today at 888.535.3686 or complete our online form; we want to help.