When a couple with children gets a divorce, there are a number of factors that will have to be determined. One of the most important decisions to make is that of child custody. Custody is so important because it can greatly impact the well-being of the child. As a result, decisions regarding child custody are not taken lightly in New Jersey. Read on to learn more about how custody will be determined in the event of divorce.
Physical vs. Legal Custody
There are two types of custody in New Jersey: physical and legal. When a parent or guardian has physical custody of a child, it means that the child lives with this individual for the majority of the time. Physical custody can be shared. On the other hand, legal custody refers to a parent having the legal right to make important life decisions on behalf of their child, such as where they go to school, what types of medical treatment they may receive, and the type of religion they are allowed to practice. Both parents can be awarded legal custody. Additionally, you may be awarded legal custody, even if you were not awarded physical custody.
How is Child Custody Determined in New Jersey?
As previously stated, New Jersey takes matters of child custody very seriously. When making a decision about custody, a New Jersey court will examine 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
Can Custody be Modified?
If your custody agreement no longer works, it can be modified. But, this can be difficult to do. In order to modify your child custody arrangement, you should reach out to an experienced family law attorney.
If you have any questions or concerns regarding child custody in New Jersey, reach out to our firm today. We are here to advocate for you and your family.
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.