Child custody can be one of the most difficult and emotional issues that arise during a divorce or separation. In New Jersey, there are several types of custody arrangements that parents may pursue. It is important to understand the differences between them so that you can make informed decisions that will benefit your child’s well-being.
Physical Custody
Physical custody refers to the time that a child spends with each parent. In New Jersey, physical custody can be awarded solely to one parent (known as sole physical custody) or shared between both parents (known as joint physical custody). Joint physical custody does not necessarily mean that the child spends an equal amount of time with each parent, but rather that each parent has significant periods of physical custody.
Legal Custody
Legal custody refers to a parent’s authority to make important decisions on behalf of the child, such as those related to education, medical care, and religion. In New Jersey, legal custody can be awarded solely to one parent (known as sole legal custody) or shared between both parents (known as joint legal custody).
Sole custody
In New Jersey, sole custody refers to situations in which one parent has both physical and legal custody of the child. This means that the child primarily resides with one parent, and that parent has the authority to make all major decisions regarding the child’s upbringing without needing input or agreement from the other parent.
Joint custody
In New Jersey, joint custody refers to situations in which both parents share physical and/or legal custody of the child. Joint custody can take different forms. Joint physical custody means that the child spends significant periods of time with each parent. Joint legal custody means that both parents have the right to make important decisions on behalf of the child.
Split custody
In New Jersey, split custody refers to situations in which there are two or more children, and each parent is awarded sole physical custody of at least one child. Split custody is a rare arrangement and is only considered when it is in the best interests of the children.
Factors Considered When Determining Custody
In New Jersey, when determining custody arrangements, the court considers the best interests of the child. This means that the court will look at a variety of factors, including:
- The child’s age and needs
- Each parent’s ability to provide for the child’s needs
- The child’s relationship with each parent
- Each parent’s willingness to foster a relationship between the child and the other parent
- Each parent’s physical and mental health
- Any history of domestic violence or child abuse
It is important to note that there is no one-size-fits-all solution when it comes to child custody. Every family is unique, and the best custody arrangement will depend on the specific circumstances of each case.
It is also important to note that custody arrangements are not set in stone and can be modified if there is a significant change in circumstances. For example, if one parent moves out of state, the custody arrangement may need to be adjusted to accommodate the new distance between the parents.
Additionally, it is important to prioritize the well-being of the child above all else. Parents should strive to maintain a positive relationship with their child’s other parent and to foster a healthy co-parenting dynamic. This can help to minimize the negative effects of divorce or separation on the child.
Understanding the different types of custody in New Jersey and the factors that are considered when determining custody arrangements can help parents make informed decisions that prioritize the best interests of their child. If you are facing a custody issue, it is important to seek the guidance of an experienced family law attorney who can help you navigate the legal process and achieve a favorable outcome.
Freeman Law Center, LLC. is a reputable law firm that specializes in family law matters, including child custody cases. Our experienced attorneys can provide legal guidance and support to help you understand the different types of custody in New Jersey and determine which arrangement may be best for your child’s well-being.
We can also help you navigate the legal process and ensure that your rights as a parent are protected. Our attorneys have a deep understanding of New Jersey family law and can provide you with sound legal advice and representation throughout your custody case.
We can assist you with:
- Determining the best custody arrangement for your child based on your unique circumstances.
- Representing you in negotiations with the other parent or their attorney.
- Drafting and filing the necessary legal documents to formalize the custody arrangement.
- Representing you in court hearings or trials, if necessary.
- Modifying an existing custody arrangement due to a significant change in circumstances.
At Freeman Law Center, LLC., we understand that child custody cases can be emotional and complex. Our goal is to help you achieve a favorable outcome while prioritizing the best interests of your child. We are committed to providing compassionate and personalized legal representation to our clients and will work tirelessly to protect your rights as a parent.