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What Are My Rights as a Custodial Parent?
When parents are married, they generally have equal rights and responsibilities for their children. However, this can change after a divorce. Please continue reading as we explore the rights bestowed upon you as a custodial parent in New Jersey and how our adept Ocean County Child Custody Attorney can assist you.
What is a Custodial Parent?
The custodial parent is the one who has primary custody of the child and is responsible for their daily care. Essentially, a custodial parent is the primary caregiver. Custodial parents are granted physical custody, which means that they care for the child most of the time, while non-custodial parents are typically awarded visitation rights. Unless the court deems a parent unfit, non-custodial parents are legally entitled to spend time with their children.
There are two types of custody in New Jersey: physical and legal. Legal custody refers to the right to make decisions about a child’s life. Physical custody refers to where the child primarily lives. It’s important to understand that a custodial parent may have sole legal custody or those rights can be split with the non-custodial parent.
What Are My Rights as a Custodial Parent in NJ?
As a custodial parent in New Jersey, you have a variety of rights and responsibilities regarding your children. If the court awards you sole legal custody you will have the exclusive right to make all major decisions for your children. This means you don’t have to consult the non-custodial parent for approval before making decisions about their education, healthcare, extracurricular activities, and religion. However, if you have shared or joint legal custody, then you and the non-custodial parent must discuss any major decisions regarding the child’s welfare and upbringing. When you are with your child you generally have the right to make relevant choices.
In addition, you have the right to decide where you and your child reside. As the custodial parent, the child will reside with you most of the time. Unless your custody agreement states otherwise, you can decide where you live within New Jersey without having to get approval from the non-custodial parent or court. Depending on the unique circumstances of your case, you might need court approval before you relocate with your children. This is usually the case if the move is to another state.
Custodial parents are typically entitled to child support. Parents are legally obligated to financially support their children until they reach the age of emancipation. Child support is intended to cover the cost of a child’s basic needs, such as housing, food, clothing, and more.
As you can see, custodial parents are afforded numerous rights. For legal guidance and skilled representation, please don’t hesitate to contact a determined Ocean County child custody attorney from the Law Office of Sarina Gianna, LLC.