Divorce poses many difficult and overwhelming decisions for the couple involved, from who will stay in the family home to how you will divide your shared assets. However, one of the most important decisions in this process is determining which custody arrangements may be right for your family. Like most parents, you’re likely wondering what the best custody option is. If this reflects your circumstances, you’ll want to keep reading to learn how New Jersey child custody attorneys can assist you in navigating these important legal matters.
Generally, you’ll find that in New Jersey, there are two forms of custody – physical and legal. For each type of custody, the courts can order sole or joint custody.
Physical custody refers to where the child resides and which parent is physically caring for the child at any given time. Generally, most couples will have shared custody, meaning the child will live with both parents for a set amount of time. While 50/50 custody may be possible, you’ll find that one parent often has primary custody, meaning they have the child for more than 51% of the time.
Legal custody, on the other hand, is the right of parents to make decisions for the child. While the parent with physical custody can make day-to-day decisions, legal custody revolves around more important matters. For example, a parent with legal custody can make medical decisions, choose where to send the child to school, and even determine what religion they practice. Parents with joint legal custody are both entitled to a say in these decisions.
It’s critical to understand that there is no universal “best custody arrangement.” This is because each family unit and dynamic is different, meaning what works for one family might not work for another. As such, the courts always prioritize the child’s best interest when making custody decisions.
In general, courts will try to award joint physical custody when possible, as they believe it’s in the best interest of the child to have a relationship with both parents. However, several factors influence this decision, like whether or not there is a history of abuse, neglect, or drug use.
As you can see, several factors will influence how custody is determined during your New Jersey divorce. If you have concerns about your child’s health and well-being while in the custody of their other parents, connecting with an experienced family law attorney is critical. Fighting for custody on your own can be incredibly complex and overwhelming, and as your child’s happiness and safety is on the line, you’ll place your case in the hands of an attorney.
When you need help, Haber Silver Russoniello & Dunn can help. We understand how frustrating these matters can be, which is why we are dedicated to assisting you. Connect with us today to learn how our dedicated legal team will fight for you and your child during these times.
© 2024 Haber Silver Russoniello & Dunn. All rights reserved.