Child Custody

Child Custody

Child custody is the first thing couples with children think about when they get separated. Whether you are married or not, child custody laws in NJ are like those in other states, but there are a few differences that need to be taken into consideration before filing for custody of a child.

What is Legal Custody?

Legal custody refers to the parent who has the right to make decisions regarding the child. Things like medical decisions, education decisions and religious decisions are included in a legal guardian's decision-making process. Those with sole custody will have one parent making the final decisions regarding the child.

What is Physical Custody?

Physical custody refers to where the child resides and falls into two main categories: joint and sole custody. With joint custody the parents generally split time with the child equally. There are many ways to achieve this including alternating daily or alternating weekly schedules. Sole physical custody is when a child primarily resides with one parent and visitation rights being granted to the other parent. The amount of visitation is determined by a judge or by an agreement between both parties.

Is NJ a 50/50 State?

The Courts of NJ generally tend to favor joint legal and joint physical custody arrangements between both parents. The courts will determine what is in the best interest of the child and the child's wellbeing.

What is an Unfit parent?

A court may deem a parent unfit in the following circumstances:

• history of alcohol or drug use
• history of domestic violence
• have demonstrated no interest in caring for or the wellbeing of the child.

Other conditions that may contribute to deviating from a joint legal or physical custody arrangement:

• One parent is the primary caretaker for the majority of the child's life
• The child has siblings

There are many variables to child custody that can have an effect on the outcome of your case. For more information about family law, call Almonacy Law and rely upon the professionals to help you navigate today's complex legal system.