Presumption of Joint Physical Custody

[Jade]

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?  

[socrateaser]

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

No, unless, the law expressly provides that enactment effects some substantive change on existing custody orders.

>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?  

The word "misguided" is an attempt to advance your personal political opinion, rather than to obtain legal advice. I do not permit politics, moral or any other sort of personal value judgments to invade this forum, because it creates an inflamatory atmosphere which may cause others to fear being completely open about their legal problems.

Ordinarily, I would shrug your statement off, but because it comes in a post where you expressly state your political displeasure with proposed NJ legislation, I must stop you before it goes farther.

Any further political advocacy in this forum will result in the mass deletion of your future posts, regardless of their content.

PS. Don't need to apologize. Just follow the rules. Thanks.

[mistoffolees]

Do you have any information on how many states have gone to a presumption of joint physical custody? It seems to me like it's a growing trend, but I don't have any information.

Of course, different people might disagree on whether that's a GOOD thing, but I have my own views.

[socrateaser]

>Do you have any information on how many states have gone to a
>presumption of joint physical custody? It seems to me like
>it's a growing trend, but I don't have any information.
>
>Of course, different people might disagree on whether that's a
>GOOD thing, but I have my own views.

You can Google some websites using keyphrase: "presumed joint custody", or something similar. However, I have never read material at any site which accurately describes the various jurisdictions' actual statistical breakdown of custody awards.