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How do Courts Determine Who Gets Child Custody in New Jersey?

If you are getting a divorce in the state of New Jersey, you most likely have several pressing concerns regarding keeping your home, pension, and various other aspects of your life. However, if you are a divorcing parent, child custody is probably the most important divorce-related issue on your mind. Please read on and reach out to our experienced New Jersey child custody attorney to learn more.

Joint custody vs. sole custody

Child custody is sure to come up if you are a divorcing parent. That is why you must first know the difference between joint custody and sole custody. Joint custody means that both spouses share custody of the child, which sole custody, on the other hand, is when one only one parent is granted child custody.

Generally, a judge will only award a parent sole custody if the other parent demonstrates that he or she lacks sufficient parental capabilities, and therefore endangers their child in some way. Though joint custody is always preferred, the courts will grant sole custody if they feel it is in the child’s best interest. If you believe you deserve sole custody, or at least joint custody, you need to retain the assistance of an experienced attorney as soon as possible.

Physical custody vs. legal custody

Many parents do not know the difference between physical and legal custody. Physical custody refers to where the child primarily lives, where legal custody determines whether a parent has a say in certain key life decisions regarding his or her child. Generally, we will fight for legal custody, at the bare minimum, to ensure you can still have a voice when it comes to where your child goes to school, what religion your child practices, and whether your child can receive certain medical treatments if necessary.

What factors do courts consider when deciding who gets custody of children in New Jersey?

The primary concern when determining child custody terms is your child’s best interest. Therefore, New Jersey courts will weigh various factors of both you and your spouse’s overall situation. Some of the most common concerns are you and your spouse’s age, the age of your child, and his or her preference if they are old/mature enough to rationally decide, each parent’s homes and quality of life they will provide for their child, and more.

Contact our experienced New Jersey 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.