Physical Child Custody in New Jersey

Child custody matters are often challenging, even with collaborative and communicative parents. Physical child custody in New Jersey determines where a child will live and how much time they will spend with each parent.

The Court always prioritizes the child’s best interests when making custody decisions. Understanding the factors upon which custody decisions are based can help parents make informed choices in determining their goals. A knowledgeable family law attorney can guide parents through these legal complexities to ensure the best possible outcome for their children.

What Is Physical Custody?

In New Jersey, there are three types of physical custody: primary physical custody, joint physical custody, and sole legal custody.

A parent with primary physical custody has the child live primarily with them and takes on the role of the primary caregiver, ensuring the child’s everyday needs are met. They will be declared the custodial parent, and the other parent will be declared the non-custodial parent. The non-custodial parent will have parenting time with the child based on a schedule.

As to joint physical custody, the Court generally prefers joint custody arrangements whenever possible, as long as joint physical custody is in the child’s best interests. In joint physical custody arrangements, the child often spends equal time with each parent. Alternatively, one parent may exercise a slight majority of the time with the child.

Sole physical custody arrangements are rare, but the Court may award sole physical custody to one parent under certain circumstances when it is in the best interests of the child. Sole physical custody may be awarded to one parent in cases where the other parent is unfit due to substance abuse and untreated mental health issues, where the other parent committed domestic violence or abuse of the child, or where the other parent admits they do not want to see the child.

How a Parent Can Fight for Physical Custody

A parent seeking physical custody must demonstrate their ability to provide a stable and supportive environment for their child and that the arrangement they want is in the best interests of the child. The Court will also consider the child’s relationship with each parent. To strengthen a case, the parent must provide substantial evidence that supports their position. The kind of evidence to be provided must be tailored to the specific case. A family law attorney can help gather the evidence and effectively present it to the Court. Each parent’s testimony and the testimony of third parties can also prove valuable in a custody case. A family law attorney can effectively elicit testimony from the parent they represent and their witnesses, as well as cross-examine the other parent and their witnesses to undermine the other parent’s positions and credibility.

Why Hiring an Attorney is Crucial for Custody Cases

Child custody disputes are not only legally complex; they can also be highly emotional. An experienced family law attorney can provide helpful support for parents in New Jersey seeking physical custody in situations where emotions run high. An attorney can also help the parent that they represent avoid making decisions based solely on emotions, which can often lead to mistakes and wasted time and effort in a custody case.

Attorneys may also help a parent by explaining their legal rights and obligations and ensuring that court procedures are navigated properly. Understanding the law governing custody laws is vital for building a strong case in court. Family law attorneys also negotiate custody agreements, represent parents in court, and handle modifications and enforcement of parenting plans.

Contact Moskowitz Law Group for Help with Physical Custody in New Jersey

If you are facing a child custody dispute or need guidance on physical custody in New Jersey, you should speak with a family law attorney. While you may consider fighting for physical custody on your own, you will encounter difficulty presenting your case as effectively as a lawyer can, especially if the other parent has their own lawyer.

Contact Moskowitz Law Group to assess your case. A lawyer can explain your legal rights as a parent and help you take the necessary steps to protect your parental rights and your child’s best interests.