Hudson County Child Custody Lawyer

Child custody issues can undoubtedly be both legally and emotionally complicated. As a parent, you want what is best for your children, but determining what may be the best arrangement for your children while protecting your relationship with them—as well as your parental rights—could be difficult. If you are having trouble determining the right custody agreement for you and your child, a Hudson County child custody lawyer may be able to help.

There is no one-size-fits-all approach when discussing or regulating child custody arrangements. Your child custody plan should reflect the best interests of your child or children including what is sensible and reasonable for your family. Fortunately, a skilled family law attorney who understands custody law could educate you about your options, as well as the benefits and the costs of each possibility.

Types of Custody Arrangements

The child custody laws in New Jersey are gender-neutral and aim to consider equal rights for both of a child’s parents or guardians, according to New Jersey Revised Statutes §9:2-4. The courts also aim to make custody arrangements based on the best interests of the child, not necessarily the wishes of their parents or guardians.

New Jersey state law specifically addresses two types of child custody arrangements, physical and legal custody. Each of these custody types deals with a separate but related aspect of caring for a child.

Legal Custody

Having legal custody of a child allows their parent or guardian to make important decisions regarding that child’s life. This could include decisions about religion, health, education, and overall welfare.

If only one parent is granted sole legal custody, they can make majors decisions concerning the child’s wellbeing without needing to notify or confer with the non-custodial parent. More typically, however, both parents or guardians are granted joint legal custody, meaning they are jointly responsible for making these kinds of decisions on their child’s behalf.

Physical Custody

Physical custody refers to where—and with whom—a child resides on a day-to-day basis. If one parent or guardian has sole custody, the other parent may be awarded visitation rights.

Alternatively, custody may be split between both parents. For example, a custody agreement could involve a child spending time with a particular parent on alternating weeks, on weekends and holidays, or during the school year.

Factors in Determining Parental Agreements

New Jersey courts consider several factors when determining a custody arrangement. These factors may include:

  • The parents’ ability to cooperate in matters involving their child
  • How the child interacts with parents and siblings, and vice versa
  • History of abuse or domestic violence, if applicable
  • The preference of the child, if of sufficient age and capacity to make a rational decision
  • Potential interference with the child’s education
  • Parental fitness
  • The geographical proximity of parental homes
  • Parental employment demands.

Other factors may apply depending on the circumstances. Hudson County child custody attorneys could work with families to help determine the best type of custody agreement in their cases.

Certain situations may complicate a child custody case even more. For instance, a divorced parent who wishes to relocate their child or children out of New Jersey must obtain consent from either the other parent or the court if that parent has legal and/or physical custody over the child. The court’s determination would usually depend on the existing custody arrangement.

Another issue that may arise when deciding custody agreements involves one parent continually interfering with the other parent’s custody or parenting time. In such a case, the other parent may be a victim of parental alienation, which may warrant court intervention. A child custody lawyer in Hudson County could discuss with parents all their legal parental options and help protect their rights.

Contact A Hudson County Child Custody Attorney

Dealing with child custody agreements can be difficult and complex if tackled alone, but speaking to a compassionate Hudson County child custody lawyer could help protect your parental rights and work with you to pursue a positive resolution for both your interests and those of your child or children. Call today to learn more about what an experienced attorney could do to help.

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