If you are facing a custody battle, it is important to understand the details of the process and what New Jersey courts may consider when determining child custody. Continue reading and reach out to our experienced child custody attorney to learn the factors that New Jersey court will consider when determining child custody. Give our firm a call today to learn how we can assist you. We are prepared to advocate for you and your family.

How can I get custody of my child?

Parents must first file a motion or complaint through the New Jersey court system. Your custody issues will then be attempted to be resolved through child custody mediation. This is one of the first steps of this process with hopes to arrive at an appropriate custody agreement without the need for litigation. Before mediation, you and the other parent will attend a New Jersey Parent’s Education Program which will provide information about childhood transitions through divorce or separation. The program will also provide alternative dispute resolutions for custody issues. If you are unable to reach an agreement through mediation, you will then proceed to a custody hearing where the outcome will be determined by a judge.

What is joint custody?

New Jersey courts favor granting joint custody because it is an option that alters the child’s life as little as possible. When parents cannot agree on custody terms, courts will commonly grant joint custody. Joint custody is an agreement where both parents share custody in order to play equal parts in the child’s life.

What is the difference between physical and legal custody?

Physical custody refers to where the child primarily resides while legal custody refers to a parent’s right to make important life decisions on the child’s behalf. Examples of legal custody include making decisions regarding medical treatments, what religion they practice, or where they go to get an education.

What do New Jersey courts consider when determining child custody?

New Jersey courts take into consideration many factors when determining custody. The courts will consider the following factors:

  • 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 further questions regarding determining custody in New Jersey, do not hesitate to reach out to our experienced child custody attorney.


If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.