Child custody can be one of the most difficult aspects of a divorce. Often, parents feel very strongly about what is best for their child, and these opinions can differ greatly. As a result, child custody can become a point of great contention. When making decisions regarding custody, it is important to know your options. Read on to learn more about child custody in New Jersey.
How is Custody Determined?
Custody may be determined through mediation. Mediation will involve a neutral third party helping the couple navigate the issues of their divorce and come to an agreement regarding custody. When parents are able to come to an agreement, it is often necessary to create a set schedule. Some events to take into account when scheduling include:
- Holidays
- School breaks
- Birthdays
- Other special events
- A weekly schedule
It is not always possible for a couple to make decisions about custody on their own. Oftentimes, the court will make neutral decisions in the best interest of the child. If this occurs, the court will likely take the following factors into account:
- The stability that each parent can provide the child
- Whether the parent will act in the child’s best interest
- The relationship between the child and parent
- The parent’s history of domestic abuse and substance abuse
- The mental and physical health of the parent
- The work schedule and lifestyle of the parent
- The safety of the child
- The child’s preference if they are of sufficient age
What are the Different Types of Custody?
The two main types of custody in New Jersey are physical custody and legal custody.
Physical Custody: This is awarded to the parent who will have the child for the majority of the time. This will be the child’s main residence. Some couples choose to split their time with their child evenly, resulting in joint physical custody.
Legal Custody: This refers to a parent’s right to make major decisions in the life of the child. These decisions may include religion, education, and medical options. It is important to note that even if a parent does not have physical custody, he or she can still have legal custody. Legal custody can be awarded to one or both parents.
New Jersey courts believe that a child benefits greatly from having a relationship with both parents.
Custody can be a complicated and sensitive matter. If you have any questions regarding child custody in New Jersey, contact Ross and Calandrillo, LLC for guidance.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
