Child custody is among the most hotly-contested divorce-related issues, and if you are a divorcing parent, you are most likely extremely concerned about how the courts will determine your custody agreement. Please continue reading and speak with our knowledgeable New Jersey family law attorneys to learn more about child custody and how our firm can help you through every step of the legal process ahead. Here are some of the questions you may have:
What are the different types of child custody?
The two primary types of child custody in New Jersey are physical and legal custody. Essentially, physical custody refers to which parent your child will live with, while legal custody deals with your right as a parent to make certain key life decisions on behalf of your child. For example, having legal custody of your child will give you the right to have a say in the type of education your child receives, the religion your child practices, the types of medical treatment you child can receive, and more.
How is child custody determined in New Jersey?
New Jersey courts will determine custody based on various factors, though the primary deciding factor is your child’s best interests. Simply put, if they determine that it is in your child’s best interests to jointly split both physical and legal custody between you and your former spouse, they will do so. That being said, if the courts determine that it is in the child’s best interests for one parent to retain sole custody of the child, they will do so as well. It is rare that courts will award one parent sole custody, but they will do so if they believe the other parent is parentally unfit in some way. Generally, this relates to substance abuse issues, domestic violence incidents, and other situations of that nature.
Can I modify child custody in New Jersey?
Fortunately, you can. So, if you are someone who was initially denied custody on the basis of, say, a substance abuse issue, as long as you can prove to the courts that you have attended treatment and otherwise bettered yourself so you can care for and raise your child responsibly, they may award you a child custody modification, wherein they will allow you to be a more significant part of your child’s life. If you have any additional questions regarding child custody or child custody modifications, please do not hesitate to give our experienced New Jersey family law attorneys a call today. We are always here to help.
Contact our experienced New Jersey firm
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.