How Does Child Custody Work in New Jersey?

Child custody is often the most sensitive matter of a divorce. As a result, it is important to understand the process. Read on to learn more about child custody in New Jersey.

What are the Different Types of Custody?

When it comes to custody, the first thing to understand is the different types. In New Jersey, a parent may be awarded:

  • Physical custody: This is awarded to the parent with whom the child spends the most nights of the week. The child may still go back and forth between both homes, but this parent is mainly responsible for providing necessities, such as a safe home, food, clothes, education, and more. This parent is also referred to as the custodial parent. In many cases, the non-custodial parent may pay child support to supplement some of the expenses of the custodial parent.
  • Legal custody: This refers to a parent’s legal right to make important decisions about their child’s life. These decisions may include matters such as medical treatment, education, religion, relocation, and more. It is important to know that if you were not awarded physical custody, you can still receive legal custody.
  • Sole custody: This is uncommon, but in some cases, a parent will be deemed unfit. In this case, the fit parent may be awarded sole custody. The state of New Jersey believes that a child benefits from having a relationship with both parents. As a result, the unfit parent will most likely have visitation rights.

How is Custody Determined?

For the most part, child custody will be determined through the court. This is because it can be difficult for parents to agree upon what is best for their children. When making a decision about custody, a New Jersey judge may consider the following factors:

  • Both spouse’s age and health
  • Whether you and your former spouse can provide an emotionally stable home for your child
  • Whether you and your former spouse can financially provide for your child
  • Whether you and your former spouse live in close proximity to one another
  • Whether your child has any special needs
  • Any other factor the courts deem relevant

If you have any questions or concerns about custody in New Jersey, our firm is here to help. Reach out today to speak with an experienced family law attorney.

Contact our experienced Ocean City 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.