How Does Child Custody Work in New Jersey?

father with child

If you are a parent and you are getting divorced, you are likely wondering how child custody works in New Jersey. Read on to learn the answers to some of the most common questions about custody.

Are there different types of custody?

In New Jersey, there are three main types of child custody: 

  • Physical Custody
    • This is awarded to the individual with whom the child spends the majority of his or her time. The parent with physical custody is mainly responsible for providing a safe home and other necessities. If parents equally divide their parenting time, it is known as joint physical custody.
  • Legal Custody
    • This type of custody gives a parent the right to make important decisions in the child’s life. This can include matters involving the child’s health, education, religion, location, and more. Parents can be awarded legal custody even if they do not have physical custody. 
  • Sole Custody:
    • This type of custody is less common because, for the most part,  New Jersey courts believe a child benefits from having a relationship with both parents. But, in some cases, a parent will be deemed unfit. If this occurs, the fit parent will be awarded sole custody. The majority of the time, the unfit parent will be awarded some type of visitation.

How is custody determined?

Custody is a sensitive subject. Often, parents struggle to agree upon what is best for their children. As a result, most child custody arrangements are determined by a judge. When making a decision about custody, a judge will examine some of the following factors:

  • The relationship between the child and each parent
  • The parent’s 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 about child custody in New Jersey, contact our firm. We are here to advocate for you.

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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