Custody Code: Parents' ability to agree, communicate, etc. .... question

[Papa]

I was reading through some state codes, and, I came across this:

In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;

How do you interpret this? Let's say the custodial mom has a history of frustrating parenting time and is generally uncooperative, doesn't communicate etc. Let's say mom established residential custody through a restraining order that the Judge dismissed because it was totally bogus. Let's say the dad is much more agreeable etc.

How does that code above relate to that situation?

Thank you

[hadenough40]

Is custody code the actual title?  I know your in a different state but I'd like a lead for looking this up.

I'm also interested in seeing responses about this.  For years my husband has been taking the kids to doctors for regular exams.  The CP is informed from beginning to end.  The reason he started taking the kids for the exams is because SHE neglected to.

On to my husband pissing her off recently.  She is now insisting that because of misinformation he has given her over and over again...NEVER HAPPENED>>>WE HAVE PROOF...she will be taking the kids for all annual exams.  Of couse this comes 1 month after they just had their last exam for the year.

I guarantee she will not take them next year.

Anyway like I said my husband has kept her informed of everything that goes on from medical visits to school, etc.  We get pills with no information in clear plastic baggies.  We find out months later that the kids are failing.

Try to discss any of it and the CP comes back with a bashing that completely avoids the issues.  NCP pinpoints the REAL issues, responds and asks again the CP discuss the ISSUES with him.  Then all communication stops until the next time.

[Papa]

Had, I think the name of the code would be this: 9:2-4  Custody of child; rights of both parents considered.


here's the link for the page this came from:
http://law.justia.com/newjersey/codes/3382/338c.html

[hadenough40]

I didn't realize you were in NJ?  If you aren't but took the time to find this for me, I THANK YOU VERY MUCH!!!!

I'll give it a peek later on!

[Papa]

Hi Had,

you are welcome 
I'm spending a lot of times these days simply researching and reading.
I sent you a pm.

[greg]

Papa;

Good find...

That looks like one of those nonsensical code items, designed only to confuse people and give judges unlimited latitude. A judge could take that statement anywhere.

What precedes and follows that?

[Papa]

Greg, here it is in its entirety:

9:2-4  Custody of child; rights of both parents considered.


      9:2-4.  The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
      In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:
      a.      Joint custody of  a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;
      b.      Sole custody to one parent with appropriate parenting time for the noncustodial parent; or
      c.      Any other custody arrangement as the court may determine to be in the best interests of the child.
      In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children.  A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
      The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests.  The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.
      d.      The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.
      e.      In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.
      f.      The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.

      Amended 1948, c.321, ss.4,11; 1974, c.143; 1990, c.26, s.2; 1997, c.299, s.9.

[greg]

That is really a very good piece of work by your state. I still say the passage you initially quoted is meaningless. However, almost all the rest of the document is gold. The key part is that the rights of both parents are equal. I would ram that down their throat. I would have two hours of evidence and testimony on that on the tip of my tongue, in my back pocket and it front of the court if I had less than 50/50 with each child.

Also, that end of that passage where you are invited to prepare and submit a custody plan. If I was in NJ, my custody plan would trump any business plan I wrote for the largest company in the world. Ooops, that is another story. 

That is why we read the state statutes. Right there, all you NJ pals have the custody answer. Nail it! Way to go Papa!!!

[Papa]

right on Greg....... that is encouraging 
thanks for your input

[greg]

For everyone who reads this thread:

Maybe this helps make this forum make sense. We have 50 states out there. Each person needs to DO what Papa DID. Read the statutes, find anything that looks promising, share it with others and get some feedback how to use it in your case.

Knowing the law is your best tactic in fighting to win. The court cannot really ignore the law. If the law is on your side, it is just a matter of how hard you are willing to study and prepare. If you know the laws, know the rules, know your case and present it to win, guess what - eventually you will win. The reasons that defeats happen is usually laziness and/or trust in a crooked system of lowyers and judges all working for our money for the same corporation, the bar association, not working for us, their clients.

There is a pattern to winning cases. This is step one every time. Know the law, and use it to your best advantage. Sure it is frustrating to get shot down with a terrific case, but your loss will be much less (if at all) with a complete case. 

Thanks Papa for showing how step one of this process works. I am sure you are off and running on this.

[Papa]

hey Greg,

I've found that reading my state's laws is really necessary. For a long time (I regret this), I thought it was too complicated for me and, I figured I needed a lawyer to argue for me. What I found is it's not as complicated as I thought... it's just words on paper (or a screen as the case may be.)

Also, trying to proceed with my case in the past was like throwing punches in the dark. When you know the statutes, you see the target......