Getting Custody of Your Child in New Jersey | What to Know

custody child new jersey

The Garden State has long since abandoned the traditional terms of child custody, i.e. the so-called “tender years doctrine.” Under this abolished doctrine, the mother automatically received physical custody if the child was in their “tender years,” i.e. four years old or less. In the years since, New Jersey has fashioned new terms favoring parental responsibility. You see, New Jersey’s custody laws favor both parents playing active supportive roles in their child’s life. As such, the Family Court prefers to see parenting plans and time-sharing plans that provide equal access for the child with each of his or her parents. Except for extreme circumstances, you will most likely get at least partial custody of your child. That being said, many other factors go into a determination of child custody in New Jersey. For more information, please continue reading, then contact an experienced Ocean County child custody attorney today.

How does the Family Court determine child custody in New Jersey?

As you may have guessed from the preceding paragraph, the sexes and/or genders of the child’s parents will not be one of the factors that the Family Court will consider when determining child custody. Instead, they will examine the following factors:

  • A parent’s inclination to accept custody
  • The safety of the child
  • The relationship between the child and each parent
  • Any past domestic abuse
  • The child’s needs
  • The capability of the parents
  • The geographical closeness of the parents’ homes
  • The preference of the child when of sufficient age
  • The stability of a home life that each parent can provide
  • The ability of the parent to act in the child’s best interests

Above all other considerations, the Family Court wants to promote the child’s best interests, regardless of either parent’s preference or opinions. To help ensure that the child custody arrangement is determined properly, you should reach out to a skilled Ocean County family law attorney as soon as possible.

How can a New Jersey child custody attorney help you?

A seasoned legal professional from our firm will explain what your rights and responsibilities are and how they relate to the promotion of your child’s best interests. Your attorney will help you document and present evidence to the Family Court that you are fully capable of working in the best interests of your child and, thus, should share custody of him or her. Garden State judges are reluctant to prevent a child’s access to either of his or her parents, but they will if they feel you are not acting in your child’s best interests. Please give us a call so we can put our experience in family law matters to work for you.

Contact our experienced Ocean County firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.