How is Child Custody Determined in New Jersey?

When parents go through a divorce, one of the most highly contested matters is child custody. This is often emotional, as no parent wants to give up time with their child. While some parents are able to reach agreements regarding the terms of a custody agreement, others need the help of the court to do so for them. Continue reading below to learn more about how this is done and contact an experienced New Jersey family law attorney for assistance with your case. 

What Types of Custody Can be Granted in New Jersey?

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

  • 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. 

What Factors are Considered in Child Custody? 

When the court determines child custody arrangements for a family, a variety of factors will be taken into consideration. It is important to know that decisions will always be made based on what is in the best interest of the child, not the parents’ wishes. Some factors the court will consider can include:

  • The relationship between the child and each parent
  • The parents’ willingness to accept custody
  • Any history of domestic abuse
  • The needs of the child
  • The safety of the child
  • The fitness 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

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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