Determining Child Custody in New Jersey | What to Know

As parents, it can be difficult to agree on what is best for your child. This can be especially difficult during a divorce. Read on to learn more about child custody decisions in New Jersey.

What are the Different Types of Custody?

There are two main types of custody that can be awarded to a parent in the state of New Jersey:

  • Physical Custody: This determines the individual with whom the child lives and spends the majority of their time with. They are responsible for providing the child with a stable upbringing. If parents are able to equally divide their parenting time, it is known as joint physical custody.
  • Legal Custody: This allows a parent the right to be involved in making important decisions for their child throughout their upbringing. This can include matters such as the child’s health, education, religion, and general well-being. Parents should fight for legal custody, even if they do not have physical custody. Sole legal custody may be granted in cases where one parent cannot work with the other to make decisions in the child’s best interest. 

In rare cases, a parent may be awarded sole custody.

How is Custody Determined in New Jersey?

Child custody can be determined through mediation, but it is a difficult subject to agree upon. As a result, many couples leave the decision in the hands of an experienced judge. When making a decision about custody, the following factors will be taken into account:

  • The relationship between the child and each parent
  • The parents’ willingness to accept custody
  • Any history of domestic abuse and substance abuse
  • The needs and safety of the child
  • The physical and mental health of each parent
  • The geographical proximity of the parents’ homes
  • The preference of the child if they are of sufficient age
  • The stability that each parent can provide
  • The ability of the parent to act in their child’s best interests
  • The work schedule and lifestyle of each parent

If you have any questions or concerns regarding child custody in New Jersey, contact our firm to speak with an experienced attorney. We are here to advocate for you and your family.

Contact our Firm

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928

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