Legal Child Custody in Hackensack
When parents divorce or formally separate from each other, a Court will need to issue an order regarding how they will share custody of their child if they cannot come to an agreement. More specifically, the Court will need to address who will have physical custody of the child and who will have legal custody of the child. The decision the Court makes about legal custody may be very different than physical custody.
Understanding the basics of legal child custody in Hackensack and how the Court approaches this matter can be crucial when it comes to proactively advocating for your rights during child custody proceedings. Our child custody attorneys can explain this aspect of the divorce or separation process, as well as provide guidance on how to protect both your and your child’s best interests.
What Rights Come with Legal Custody?
As opposed to physical custody, which determines the primary or shared residency of a child, legal custody determines the right of a parent to make major decisions on their child’s behalf. In this context, major decisions are decisions that have a significant impact on a child’s life. Some examples include educational decisions, medical decisions, and religious upbringing.
Generally speaking, day-to-day decisions pertaining to a child, such as what food they eat and what clothes they wear, are left up to the discretion of the parent who is caring for the child that day. However, some decisions made on behalf of a child in Hackensack may fall within the purview of legal custody depending on the circumstances. For instance, decisions about what types of extracurricular activities the child participates in constitute major decisions falling under legal custody.
Petitioning for Sole Legal Custody
While it is not uncommon for the Court to award one parent primary physical custody of a child while awarding visitation rights to the other parent, it is very rare for the Court not to award joint legal custody to both of a child’s parents in Hackensack. Sole legal custody is where only one parent has the power to make major decisions impacting the child. To order sole legal custody, the Court must be convinced that joint legal custody would not be in the child’s best interests. Joint legal custody may not be in a child’s best interests if:
- One parent is incarcerated
- One parent has a restraining order against the other parent
- One parent previously engaged in domestic violence against the other parent or child
- One parent has serious issues with drug or alcohol addiction
- One parent has been absent from their child’s life or has abandoned them
- One parent makes joint decision making impossible because they are extremely disruptive and uncooperative
A seasoned legal professional can help make an application to the Court for sole legal custody under circumstances like these.
A Hackensack Attorney Can Explain Legal Child Custody in More Detail
Much more so than physical custody, legal custody is generally something the Court awards jointly to both of a child’s parents. However, such an arrangement is not always conducive to a child’s best interests and you may need help from experienced legal counsel if you want to effectively argue this in Court.
A capable and tenacious family law attorney can step in to help you get the best outcome possible from your custody proceeding. Call today to discuss your options regarding legal child custody in Hackensack.
