There are a number of factors that a court considers when making custody determinations. Read on and reach out to our dedicated and experienced Monmouth County child custody attorneys to learn more.
What are the different types of child custody in New Jersey?
There are several custody arrangements that can be made by a court. You will want to understand the most common terms in child custody. They include the following:
- Physical Custody: This refers to the party that has the child the bulk of the time, and is also known as residential custody. When a parent is awarded physical custody, they are deemed to be the custodial parent subject to the parenting time rights of the noncustodial parent.
- Joint Physical Custody: Parties who are able to work together in the best interests of their child occasionally select to equally split parenting time. This is generally known as joint physical custody.
- Legal Custody: Legal custody permits a parent to make critical decisions concerning the child’s health, education, and welfare. Legal custody is usually given to both parents no matter who has physical custody. In some circumstances, one parent could be granted sole legal custody. Sole legal custody is generally awarded when one party is unable to work together with the other parent to make decisions in the best interests of the child. Even though a parent may not have legal custody, he or she still may be qualified to appropriate parenting time with the child.
What factors does a New Jersey court consider when making custody determinations?
The court will look into a number of different factors when it comes time to decide custody. The judge will always operate in the best interest of the child. Some of the factors the court will consider include the following:
- The relationship between the child and each parent
- The parent’s willingness to take on the custody role
- Any history of domestic abuse
- The child’s needs
- The safety of the child
- The fitness of the parents
- The geographical proximity of the parents’ homes
- The preference of the child when of sufficient age
- The stability of a home life that each parent can provide
- The ability of the parent to act in the child’s best interests
To learn more about how the court determines custody in New Jersey, reach out to our firm today and speak with our skilled Monmouth County family law attorneys today.
Contact an experienced Monmouth County child custody attorney
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.