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Is It Hard to Get Sole Custody?
For many parents, child custody is the most contentious aspect of their divorce. As such, it’s important to understand the factors the court will take into account when determining how to split custody and under what circumstances sole custody is awarded. If you are going through a divorce and seeking sole custody of your children, it’s in your best interest to contact an experienced Ocean County Child Custody Attorney who can help you fight for the best outcome for your family.
What is Sole Custody?
When it comes to the matter of child custody, most people don’t realize there are two different types the court can award. Legal custody refers to the ability to make decisions for the child, such as which school they should attend and what religion they should practice. Physical custody, on the other hand, refers to where a child resides or which parent provides hands-on care. It’s important to note that when a parent is awarded sole physical custody, they will usually also be awarded sole legal custody. This means that the child will spend the majority of time with that parent and they have the right to make choices about raising the child without consulting the other parent.
Generally, New Jersey courts find joint custody is best for the children in most circumstances. As such, even in sole custody arrangements, the non-custodial parent may receive some visitation rights. To receive sole custody, a parent must prove exceptional circumstances or that the other parent is unfit to care for the child. The following include but are not limited to issues that the court may grant full custody for:
- Abuse
- Neglect
- Substance abuse
- Parental alienation
- Parental absence
- Geographical distance
- Mental health issues
- Incarceration
What Should I Do if I Believe Sole Custody is Best for My Child?
While sole custody is rarely awarded, if you believe that it would be detrimental for your child to be in the custody of your ex, it’s crucial to understand your legal options. First and foremost, you should retain the legal services of a seasoned attorney who can advise you on your rights and help collect evidence that convinces the court that it is in your child’s best interest to spend all of their time with you. You must prove that your child’s other parent is not equipped to meet their needs.
As you can see, the court can award sole custody if there is evidence it is best for the child. If you are facing a custody battle in New Jersey, please don’t hesitate to contact a skilled attorney from the Law offices of Sarina Gianna, LLC, who can fight for you and your family. Connect with our firm today to learn more about how we can help you during these tough times.
