Joint Legal Custody

In a  Decision – Lynch v Lynch - (an "Unreported Decision") >>  the Court Held:

The marital settlement agreement enunciated the procedure required to modify custodial provisions. According to the marital settlement agreement, "[the parties] will attempt to resolve [custodial provision disputes] through personal discussion and mediation, if agreed upon at that time or otherwise by way of motion to the court." As an initial matter, we are unpersuaded by defendant's contention that modification of his vacation and parenting time falls outside the purview of "custodial provisions."

Smoking in the Presence of a Child -- No Decision

In a  Decision - Arrowood v. DiBenedetto-    (an "Unreported Decision") >> 

The Court Held:

The Appellate Panel affirmed the order Denying the Motion, because the record on appeal was insufficient to determine whether the parent presented competent proofs to support her requested relief. 

{The daughter had a medical condition that can be exacerbated by smoke, according to a pediatrician, who had expressly noted in a medical record the parties' daughter should not be exposed to smoke. According to the parent, the other parent continued to smoke in their daughter's presence. Court Orders existed which applied to smoking in the presence of the child.
Read more . . .

Custody  --  3 Parents.

In a  Decision – D.G. and S.H. v. K.S  - the Court Held three (3) Adults would be the Legal and Residential Custodial parents of a child!

The Court deemed the non-biological parent to have attained ‘Psychological Parent’ status

A snippet:

The court thereby orders joint legal custody to all three parents with the plaintiff's having fifty percent residential custody and defendant having fifty percent residential custody - See more at: http://caselaw.findlaw.com/nj-superior-court-appellate-division/1725385.html#sthash.EQusYopv.dpuf. . .

Allan Weinberg - Attorney at Law -  

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Joint Legal Custody

     - And Then Some

         In an Unpublished Decision "Stewart", one Parent was more responsible and was afforded enhanced parenting rights notwithstanding the determination that Joint Legal Custody was appropriate.

SNIPPETS:

While joint custody is preferable, certain factors of the best interests of the child standard are paramount: the parents must be fit, must be willing to accept custody, and must be able to cooperate and communicate regarding essential matters of parenting.

. . .

Further, "the prime criteria for establishing a joint legal custodial relationship between divorced or separated parents centers on the ability of those parents to agree, communicate and cooperate in matters relating to the health, safety and welfare of the child notwithstanding animosity or acrimony they may harbor towards each other."

. . .

While generally fit, plaintiff was unable or unwilling to properly address the child's medical, educational, and developmental needs. Although the court awarded the parties joint legal custody, it fashioned an appropriate, equitable remedy by granting defendant sole legal authority to address the child's needs in the specific areas where plaintiff was deficient. As the judge aptly noted, the parties have in the past demonstrated an ability to communicate on major issues.

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2/9/15