Often, parents feel very strongly about what is best for their children, and they are not always in agreement. As a result, child custody can be a very sensitive topic. Because of this, many child custody decisions are made by the court. Read on to learn more about how child custody is determined in New Jersey.
Types of Custody in New Jersey
In New Jersey, the most common forms of custody include:
- Physical Custody: This is awarded to the individual with whom the child lives and spends the majority of their time. This parent 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 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 Custody: This type of custody is less common, as 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 in New Jersey?
When making a decision about custody, a New Jersey judge may consider some of the following factors:
- 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 about child custody in New Jersey, contact our firm today. We are here to walk you through the process every step of the way.
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