Parents can have vastly differing opinions about what is best for their children. As a result, child custody is often a difficult aspect of divorce. Read on to learn more about child custody laws in New Jersey and how custody arrangements are made.
Types of Custody
In New Jersey, there are three main types of custody, including:
- Physical custody: this refers to the parent with whom the child will reside the most. Whoever is awarded physical custody will have the child for more nights of the week. In some cases, parents can work together to split the time evenly. This is referred to as joint physical custody.
- Legal custody: this refers to the parent’s right to make important decisions regarding the child. These decisions may include choices about education, religion, and medical issues. Legal custody may be awarded to one or both parents.
- Sole custody: New Jersey courts believe that a child benefits from having a relationship with both parents. As a result, it is rare that sole custody is awarded. But, this may occur if one parent is deemed unfit to care for the child. In this case, the fit parent will receive sole custody. The unfit parent may have some form of visitation rights, either supervised or unsupervised, depending on the situation.
How is Custody Determined?
When making a decision about custody, a New Jersey judge may examine some of the following factors:
- The parents’ ability to communicate, cooperate, and agree regarding matters of the child
- The parents’ willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
If you have any questions or concerns about child custody laws in New Jersey, contact our firm today. We are here to advocate for you every step of the way.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.