If you and your partner have decided to go your separate ways, you will need to address the issue of child custody. Whether you are preparing for a custody case or hope to reach a parenting agreement outside of court, you should be familiar with the basic principles of child custody in New Jersey. There are generally two elements to child custody: legal custody and physical custody. Each type of custody has certain implications for the rights of the parents. Please continue reading to learn how our adept Edison Child Custody Lawyers can help you preserve your parental rights.
How is Custody Determined?
In New Jersey, the judge will base their decisions on what would be in the best interests of the child, not necessarily what the parents want. The judge considers many factors including:
- The fitness of each parent
- The child’s special needs, if any
- The child’s age-appropriate parental preference
- The safety and stability of the child’s home
- The location of the child’s school and the quality of their education
- The general proximity of the parent’s home
- Whether a parent has serious untreated mental health problems
- Any history of domestic abuse, neglect, or abandonment
- Any other relevant factors
What Are the Differences Between Legal and Physical Child Custody?
If you are facing a custody battle, it’s important to understand that New Jersey recognizes two types of custody: legal custody and physical custody. Legal custody grants a parent decision-making rights. Essentially, a parent with legal custody has the authority to make decisions regarding the care and safekeeping of the child. For instance, a parent with legal custody can decide where the child goes to school, what religion they practice, the extracurricular activities they engage in, and more. Joint legal custody is often awarded, enabling both parents to collaboratively share these decision-making responsibilities.
Physical custody, on the other hand, grants a parent residential rights. A parent with physical custody has the right to have the child live with them and they are responsible for the child’s daily needs. Keep in mind that physical custody can be sole or jointly shared. A child may live with the primary custodial parent the majority of the time or divide time evenly between households. Depending on the circumstances of the situation, the court may even grant a parent visitation rights instead of physical custody, which gives them the right to spend time with the child.
A court can award joint or sole custody based on the unique circumstances of a case. If it is in the child’s best interest to spend equal time with both parents, the court may award joint legal and physical custody. However, if the child is going to be in the permanent care of only one parent, then sole custody can be awarded and visitation rights can be given to the other parent.
If you are facing a custody battle, please don’t hesitate to consult a family law attorney who can help you collect and present the evidence you need to win your case. Connect with Arndt, Sutak & Miceli, LLC, today so we can help you find a favorable resolution to your child custody dispute.
