Legal Child Custody in New Jersey

Navigating child custody matters can be complex. Understanding how the Court determines custody is essential for parents seeking to protect their parental rights and the best interests of their children. Whether parents are going through a divorce or are unmarried and seeking legal custody arrangements, working with a knowledgeable family law attorney is essential.

Do you want to ensure the best possible outcome for your child and your relationship with your child? Secure legal child custody in New Jersey and see how a child custody attorney can help facilitate your goals by calling our firm.

Types of Child Custody

In New Jersey, the law recognizes two types of custody: legal custody and physical custody. Legal custody pertains to the parent’s right to make major decisions regarding a child’s upbringing. These include decisions about education, healthcare, and activities. The Court often grants joint legal custody, allowing both parties to participate in these decisions.

Physical custody determines where the child lives and how much time they will spend with each parent. One parent may have primary physical custody while the other has parenting time. In some cases, parents share joint physical custody with the child spending a substantial amount of time or equal time at each parent’s home.

Factors Influencing Custody Decisions

In New Jersey, the Court will consider the child’s best interests when determining custody arrangements. These factors are:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
• The interaction and relationship of the child with their parents and siblings
• The history of domestic violence, if any
• The safety of the child and the safety of either parent from physical abuse by the other parent
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of the time spent with the child prior to or subsequent to the separation
• The parents’ employment responsibilities
• The age and number of the children

No matter the situation, it is best for parents to speak with a family law attorney. Even if someone feels certain that they are capable of securing a favorable custody arrangement, a family lawyer can help represent their rights and advocate for their goals regarding custody.

A parent will not necessarily be granted joint legal custody despite that they share joint physical custody of their child. This is because a parent may not be able to demonstrate the capacity for joint decision-making power due to factors such as a failure to cooperate and be reasonable with the other party in major decision-making. If this is the case, the Court may be inclined to award the other party sole legal custody, giving them the sole right to make major decisions regarding the child’s upbringing.

Contact Moskowitz Law Group for Assistance with Legal Custody Cases in New Jersey

A family law attorney at Moskowitz Law Group can help parents understand their rights and navigate complex custody disputes. Legal representation is crucial to ensure that your voice is heard and that your child’s best interests are represented in court. Our attorneys can advocate for a fair custody arrangement and negotiate parenting plans. Contact us today to discuss legal custody of children in New Jersey.