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Topics - Jade

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Dear Socrateaser / Presumption of Joint Physical Custody
« on: Dec 26, 2006, 11:17:33 AM »
State of New Jersey

I recently got divorced.  We have two children (boy, 7 and a girl, 5).  Custody is joint legal and I have primary physical custody as I am the primary caretaker and have been since they were born.  Visitation isn't spelled out, it is worded as mutually agreed upon.  So far, what has worked out is that the ncp has EOW, Wedneday evenings until around 7.  He also picks up children on Mondays to take the older child to CCD.  This visit ends when I get home from work.  The visits during the week occur at my house (used to be our house).  If I can't take time off from work during school breaks, he will take them on those days.  

New Jersery is considering passing a bill that would make joint physical custody the presumption in divorce.  I don't agree with this as I believe the presumption should be in the best interest of the child.  It does have some exceptions.  One of them being a domestic violence conviction in one part of the bill and in another it is more vague, as if any domestic violence applies.  My ex has been abusive to me, most of the assaults occured in front of the children.  The last time (10/05) that he assualted me, I did get a restraining order which I dismissed to get him into anger management classes.  I did not press charges as I wanted him in anger management classes. He also was unable to have overnight visits until he completed the classes, which he did the end of August.    

Questions:

1. If this law passes, will my custody arrangement change without ncp taking me to court?  

2. If they attempt to apply this misguided bill to my case, can I use the exemption for the domestic violence to maintain primary physical custody, which is what is in my children's best interest?  


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