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How is Child Custody Determined in the State of New Jersey?

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How is Child Custody Determined in the State of New Jersey?

If you are facing a custody battle, you will need to brush up on the factors that New Jersey courts will consider when determining child custody. Continue reading to learn to process of gaining custody of your child, the difference between legal and physical custody, and the definition of joint custody. If you require assistance with your upcoming custody hearing, do not hesitate to reach out to our experienced New Jersey child custody attorney.

How can I get custody of my child?

The first step you will take is to file a motion or complaint through the New Jersey court system. Then, you and the other parent will attend a New Jersey Parent’s Education Program. This program will serve as a purpose to provide information regarding alternative dispute resolutions for custody issues and childhood transitions through divorce or separation. Your custody issues will then be attempted resolution through child custody mediation where you will hope to arrive at an appropriate custody agreement without the need for litigation. If you are unable to reach an agreement through mediation, you will proceed to a custody hearing. The outcome will then be determined by a judge.

What is the difference between legal and physical custody in New Jersey?

There are two main types of custody in New Jersey: legal custody and physical custody. Physical custody refers to where the child primarily resides. Legal custody refers to a parent’s right to make important life decisions on their child’s behalf including decisions regarding medical treatment, education, and religion.

What is joint custody?

When parents cannot agree on custody terms, the court will sometimes favor granting joint custody because it is an option that alters the child’s life as little as possible, Joint custody is an agreement where both parents share custody to play equal parts in the child’s upbringing.

What do New Jersey courts consider when determining child custody?

New Jersey courts take into consideration many factors when determining custody including the following:

  • The needs of the child
  • The child’s age
  • Any history of domestic violence
  • Who their primary caregiver has been
  • The ability of each parent to act as a guardian
  • The bond they have with both parents
  • If there is a reason for the primary caregiver to change (or not change)

If you have any further questions regarding child custody in New Jersey, or if you require assistance with your upcoming custody hearing, do not hesitate to reach out to our experienced child custody attorney today.

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.

Practice Areas

Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

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“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –