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Health & Medicine - County Woman Newspapers

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Lee Ann McCabe-Chiacchio, Esq.<br />

There are various<br />

statutes and Court Rules<br />

that address custody and<br />

related issues in New<br />

Jersey. It is important for<br />

divorcing parents to<br />

understand that the state<br />

Legislature has found that<br />

it is in the best interests of<br />

children to have frequent<br />

and continuing contact<br />

with both parents after<br />

separation and divorce and<br />

that it is in the public<br />

interest to encourage both<br />

parents to share the rights<br />

and responsibilities of<br />

rearing their children.<br />

The law in New Jersey also<br />

provides that the rights of<br />

both parents are equal.<br />

The Court may accept<br />

any custody arrangement<br />

which is agreed to by<br />

both parents provided<br />

that it<br />

is not contrary<br />

Mercer <strong>County</strong> <strong>Woman</strong><br />

to the children’s best<br />

interests.<br />

If the parents are<br />

unable to agree upon custody,<br />

the case must be<br />

referred to mediation. If<br />

mediation is unsuccessful,<br />

the Court may then order<br />

an investigation or<br />

psychological best interests<br />

evaluation before the trial.<br />

In making a custody<br />

determination, the court<br />

must consider factors<br />

enumerated in the statute<br />

including, but not limited<br />

to, the parents’ ability to<br />

communicate and cooperate;<br />

any history of unjustified<br />

interference with<br />

the non-custodial parent’s<br />

parenting time; the preference<br />

of the child when of<br />

sufficient age and capacity<br />

to reason so as to form an<br />

intelligent decision; the<br />

needs of the child; the<br />

stability of the home; the<br />

fitness of the parents; and<br />

the parents’ employment<br />

responsibilities.<br />

Following the trial, the<br />

Court will enter an Order<br />

addressing both legal and<br />

physical custody, whether<br />

joint or sole; provisions for<br />

parenting time, provisions<br />

for major decision making,<br />

involving the<br />

children’s health,<br />

education and<br />

Legal<br />

◆ ◆ Children and Divorce ◆ ◆<br />

DIVORCE BRINGS UNCERTAINTY<br />

Going through a divorce or custody<br />

litigation can be stressful and fraught<br />

with uncertainty. My 15 years of<br />

exclusive Family Law experience can<br />

help you protect yourself, your children<br />

and your family’s future. Call<br />

today to make an appointment to<br />

discuss your legal options and the<br />

best solutions for your family.<br />

❖ Divorce/Separation<br />

❖ Custody/Parenting Time<br />

❖ Child Support<br />

❖ Alimony<br />

❖ Equitable Distribution<br />

❖ Post Divorce Litigation<br />

❖ Domestic Violence<br />

❖ Adoption<br />

general welfare and may,<br />

under certain circumstances,<br />

restrict parents<br />

from permanently leaving<br />

the State of New Jersey<br />

with the children absent<br />

the consent of the<br />

other parent.<br />

Regardless of the issues<br />

between the parties, it is in<br />

their children’s best interests<br />

to set those issues<br />

aside and work together to<br />

make a custody and parenting<br />

agreement that<br />

works for the entire family.<br />

The alternative is to allow<br />

a stranger, the Judge, to<br />

decide what is best for<br />

your children.<br />

Lee Ann McCabe-Chiacchio, Esq.<br />

116 Village Boulevard, Suite 200,<br />

Princeton, NJ 08540<br />

609-734-7424; Fax 609-883-5710;<br />

lmccabe.chiacchio@verizon.net<br />

www.familylawcc.com<br />

*Certified by the Supreme Court of New Jersey<br />

◆ ◆ ◆ ◆<br />

Lee Ann McCabe-<br />

Chiacchio, Esq. is certified<br />

by the Supreme Court<br />

of New Jersey as<br />

a Matrimonial Law<br />

Attorney, with 15 years of<br />

experience in Family Law.<br />

Ms. McCabe-Chiacchio is<br />

former Counsel to<br />

Wilentz, Goldman &<br />

Spitzer, P.C. and has<br />

recently opened her own<br />

firm in Princeton, New<br />

Jersey. She is an active<br />

member of the NJ State<br />

Bar Association as well as<br />

the Middlesex and Mercer<br />

<strong>County</strong> Bar Associations.<br />

She received the Martin S.<br />

Goldin Family Law Award<br />

in 2004 for Excellence in<br />

Family Law.<br />

PROTECT<br />

YOURSELF<br />

AND YOUR<br />

CHILDREN<br />

WITH A<br />

CERTIFIED*<br />

MATRIMONIAL<br />

LAW ATTORNEY<br />

Free<br />

Consultation<br />

She volunteers her time<br />

for various organizations<br />

including Lawyers CARE,<br />

is a Board Member on the<br />

Child Placement Review<br />

Board and advocates for<br />

the Rights of Children.<br />

Happy<br />

St.Patrick’s<br />

Day!<br />

“Life isn’t just about what you<br />

can have; it’s about what you<br />

have to give.” —Oprah Winfrey<br />

29 March / April 08

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