In New Jersey, child custody decisions affect where a child lives, who can make decisions on behalf of the child, and how much time each parent spends with the child.
New Jersey courts make custody decisions in accordance with the best interests of the child. Judges will examine what arrangement will best serve the child’s health, stability, safety, and overall well-being by considering a number of factors, including the ability of the parents to provide for the child.
Our Monmouth County child custody lawyers have decades of experience fighting on behalf of families in New Jersey. If you need a legal team you can depend on, you’re in the right place.
Custody cases in New Jersey typically involve two forms of custody:
Courts may award joint custody, meaning both parents share custody, or sole custody, depending on the unique circumstances of the family
The party that has the child the majority of the time has physical custody, also referred to as residential custody. When a parent is granted physical custody, they are considered the custodial parent subject to the parenting time rights of the noncustodial parent.
Joint physical custody allows both parents to spend parenting time with the child. In many New Jersey custody arrangements, children spend time with both parents in accordance with a structured parenting time schedule.
Joint physical custody arrangements work best when:
Legal custody allows a parent to make important decisions, such as:
Legal custody is usually granted to both parents, regardless of who has physical custody of the child.
Sole legal custody of a child is relatively uncommon in New Jersey. However, sole legal custody may be granted when one party is incapable of working together with the other parent to make decisions in the best interests of the child.
A New Jersey judge may consider sole legal custody when cases involve:
The court will take a wide variety of factors into consideration when it comes time to determine custody in accordance with the child’s best interest standard governed by N.J.S.A. 9:2-4. The judge will always act in the best interest of the child.
Potentially. New Jersey courts can consider the preferences of a child if the child is mature enough to express their opinion. However, the child will not make the final decision, as it is ultimately the responsibility of the judge to determine the custody arrangement that best suits the needs of the child.
Yes, domestic violence is one of the most influential factors when determining child custody decisions in New Jersey. As courts prioritize the best interests of the child, the courts may restrict custody or visitation rights if abuse, threats, or other conduct does not reflect the best interests of the child or places them at risk of harm.
Parenting time refers to the amount of time the non-custodial parent may spend with their child. Often, parenting time schedules include:
New Jersey courts may award parenting time even if the parent does not receive joint custody, as the court often encourages the child to maintain a meaningful relationship with both parents when appropriate.
When a divorcing parent is faced with child custody, they need the guidance of a compassionate, experienced, and skilled attorney. Child custody is one of the most significant legal matters our clients face. Strong legal representation can make a world of difference in a custody case. Contact Paone Zaleski & Murphy to schedule a consultation.
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