A custodial parent in a yellow jacket and red beanie hugs her two young children, one in a white beanie and the other in a grey beanie, in a forest setting.

How is Child Custody Determined in the State of New Jersey?

If you are going through a custody battle, it is important to understand how New Jersey courts determine custody. Continue reading and reach out to our experienced child custody attorney to learn the factors that New Jersey courts consider when determining custody. Give our firm a call today to discuss your situation and to learn how we can assist you. You do not need to go through this process alone. We are here to help.

How can I get custody of my child?

The first step you will take is to file a motion or complaint through the New Jersey court system. You and the other partner will then attend a New jersey Parent’s Education Program. This program will provide alternative dispute resolutions for child custody issues as well as information regarding childhood transitions through divorce or separation. Your custody terms will be attempted resolution through child custody mediation. If you are unable to reach an agreement through mediation, you will proceed to a custody hearing. The outcome will then be determined by a judge.

What is the difference between physical and legal custody?

There are two main types of custody in New Jersey: physical custody and legal custody. Physical custody refers to where the child resides primarily. Legal custody refers to a parent’s right to make important life decisions on the child’s behalf regarding topics such as medical, religion, and education.

What is joint custody?

Courts will commonly grant joint custody when parents cannot agree on custody terms. Joint custody is an agreement where both parents will share custody to play equal parts in the child’s life. New Jersey courts will favor granting joint custody over other options because it offers an opportunity to alter the child’s life as little as possible.

What do New Jersey courts consider when determining child custody?

New Jersey courts will consider many factors when determining child custody including the following:

  • The child’s age
  • The bond they have with both parents
  • Who their primary caregiver has been
  • If there is a reason for the primary caregiver to change (or not change)
  • Any history of domestic violence
  • The needs of the child
  • The ability of each parent to act as a guardian

If you have any follow-up questions regarding child custody, reach out to our experienced New Jersey child custody attorney who will happily walk you through the steps ahead. Give our firm a call today to schedule your initial consultation.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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