Every parent wants to spend the holidays with his or her child, however, if your custody or parenting time agreement does not account for this, you may wish to change it. Please continue reading to learn more about child custody and how our experienced New Jersey family law attorney to learn more.
What are the different types of custody agreements in New Jersey?
There are two types of child custody in New Jersey: physical and legal custody. Physical custody refers to the parent of whom the child spends the most time with. Legal custody, on the other hand, refers to a parent’s legal standing to make certain important life decisions on behalf of their child, such as education-related decisions, what religion the child is allowed to practice, medical care decisions, and more. While courts will move for shared custody of a child as long as it is in the child’s best interests, the truth is, child custody is decided based on any number of factors, resulting in a wide array of combinations of physical and legal custody terms.
How do New Jersey courts decide on child custody?
New Jersey courts consider a wide array of factors when it comes to deciding on child custody. Some of the most common factors are as follows:
- The relationship you have with your child
- Whether you or your spouse have been involved in criminal activity, have a substance abuse problem, or have exposed your child to domestic abuse
- Your child’s needs, including both physical and emotional
- Your child’s educational needs, and whether your child has special needs
- If your child is of sufficient age, whether he or she has a preference
- The geographical proximity of both parent’s homes
- Whether you can meet your child’s standard of living
- Whether you can provide your child with a stable and safe household
What should I do if I want to see my child on a holiday but my custody agreement does not address this?
If you believe your child custody agreement should be modified, there are certain circumstances that may warrant a post-judgment modification, as long as you can prove that there has been a significant change in circumstances. Reach out to our knowledgeable Ocean City family law attorney today to learn more about how our firm can help you.
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.