Types of Custody in Bergen County
Understanding your parental rights during a separation or divorce requires understanding the different types of child custody under New Jersey law. The different types of custody in Bergen County not only determine where your child lives, but also how you make major decisions affecting their upbringing. These determinations carry long-term implications for your family structure and your child’s well-being.
A family law attorney provides guidance during this difficult process by pursuing your goals within the framework that the Court applies to custody cases. At Moskowitz Law Group, we guide parents through custody cases while strategizing solutions that serve their children’s best interests. Knowing how the law defines custody allows you to make informed decisions from the outset.
Legal Custody and Physical Custody Defined
New Jersey divides custody arrangements into legal and physical custody. Legal custody governs major decision-making authority regarding issues like education, healthcare, and enrollment in activities, while physical custody determines where the child resides and how to share parenting time.
Under N.J.S.A. 9:2-4, the Court evaluates statutory factors such as each parent’s ability to coparent with each other, home environments, the child’s relationship with both parents, the child’s needs, and any safety concerns. The Court frequently awards joint legal custody, allowing both parents to participate in major decisions. Physical custody, however, varies substantially based on each family’s circumstances.
Common custody arrangements include:
- Joint legal custody with joint physical custody with the child spending equal time with both parents
- Joint legal custody with primary physical custody to one parent and parenting time for the other parent
- Sole legal and sole physical custody in limited situations where one parent makes major decisions and the other parent has no parenting time with the child
Each arrangement’s goal is to promote the best interests of the Bergen County child.
How Does the Court Decide Custody?
Custody decisions involve a detailed review of statutory factors rather than a fixed formula. When evaluating custody, the Court considers how various custody arrangements would function in Bergen County families and whether they would promote the best interests of the child.
A child’s best interests guide every determination. This includes evaluating things like parental fitness, caregiving history, and the ability to foster a positive relationship with the other parent. Any evidence of conflict or instability may substantially affect the Court’s determination.
Consistency in caregiving and a stable home environment can influence the outcome. The Court also considers whether a proposed arrangement supports long-term continuity rather than short-term convenience. These factors shape custody orders that can later be modified as the child’s needs evolve.
Joint, Sole, and Primary Custody Cases
The Court almost always awards joint legal custody because public policy mandates that parents should be encouraged to share the rights and responsibilities of raising children whenever it is appropriate. The Court will only take away joint major decision-making authority away from a parent in narrow circumstances, such as where a parent is deemed unfit or makes joint decision-making impossible.
When it comes to physical custody, the Court will almost always ensure that both parents have frequent and continuing contact with both parents, provided that it is safe for the child. The Court does this by establishing a parenting time arrangement where each parent spends time with the child under a particular schedule. While joint physical custody arrangements with equal parenting time are very common as of late, the Court does not always find this appropriate or in the best interests of the child. Equal parenting time requires each parent to provide relatively equal situations for the child, such as being able to coparent together, living close to each other, and employment schedules being able to accommodate an equal parenting time schedule. If this would not be appropriate or in the best interests of the child, the Court may award primary physical custody to one parent, with substantial parenting time for the other parent.
Importantly, any kind of custody arrangement that the Court orders are subject to modification based on a change in circumstances that impacts the best interests of the child and a showing that a new proposed arrangement is in the best interests of the child. That said, the Court values stability for children, making this a potentially difficult standard to meet.
Contact a Bergen County Attorney Experienced In Different Types of Custody Today
The different types of custody in Bergen County define how you will remain involved in your child’s life and make decisions affecting their future. These legal arrangements require careful planning and a clear understanding of how the Court evaluates each situation.
At Moskowitz Law Group, our attorneys provide guidance grounded in New Jersey law while addressing the practical realities of parenting after separation. Contact our office today to pursue a custody plan that protects your parental rights and supports your child’s well-being.
