Physical Child Custody in Hackensack
Child custody is the most common source of disputes between coparents, whether they be divorced, separated, or never in a relationship with each other. Disagreements regarding physical custody can be particularly difficult to resolve because a written agreement or court order is required to make a physical custody arrangement legally enforceable..
Fortunately, you have help available when it comes to understanding and proactively enforcing your rights to physical child custody in Hackensack. Whether you want to make an application to the Court to grant you more custody rights or you want to contest a co-parent’s attempt to do the same, working closely with a skilled child custody attorney will be vital to achieving the most favorable outcome.
Types of Physical Custody Arrangements
Simply put, physical custody determines whether a child will live primarily with one parent and have visitation with the other parent, live with one parent and not see the other parent at all, or spend equal time with each parent between their residences. In general, the Court prefers to award joint physical custody under the logic that it usually serves a child’s best interests to have equal time with both their parents. However, the Court may award primary physical custody to one parent and visitation rights to the other under certain circumstances. In very rare circumstances, the Court may award sole physical custody to one parent and not allow the other parent have any time with the child.
When Might a Court Award Primary or Sole Physical Custody?
A Court in Hackensack awarding primary physical custody to one parent over the other does not always stem from the non-custodial parent being unfit to play a greater role in their child’s life. In many situations, it is simply a matter of one parent having to travel a lot for work or living a great distance away from where the child has been living for years. The Court may decide that maintaining stability as much as possible would serve the child’s best interests while still protecting the rights of the non-custodial parent.
A Court may award sole physical custody to one parent based on grounds like domestic violence, serious drug or alcohol abuse, or abandonment of the child by the other parent. Guidance from capable legal counsel is especially important to presenting a strong argument for a Court to award sole physical custody or defending against a claim for sole legal custody.
Talk to a Hackensack Attorney About Physical Child Custody
Regardless of the relationship you have with your child’s other parent, the Court will generally encourage you to work with them as much as possible so you both can play equal roles in your child’s life. A joint physical custody arrangement is not in every child’s best interests, and it is vital to protect those best interests by making an application to the Court for an alternative.
In a situation like this, and in many other situations pertaining to physical child custody in Hackensack, an experienced family law attorney can provide invaluable guidance and support. Call today for a consultation.
