Child Custody in New Jersey | What You Need to Know

When a couple gets divorced, they will need to make a number of important decisions. Some of these decisions may include the division of assets, alimony, child support, and more. But, child custody is often one of the most difficult aspects of divorce. This is because parents often have strong and differing opinions when it comes to what is best for their children. Read on to learn more about the different types of custody and how custody arrangements are made in New Jersey.

Physical Custody

When a parent is awarded physical custody, he or she is the primary caregiver. This parent is mainly responsible for providing the child with a stable home, clothing, food, education, and other basic necessities. This parent may also be entitled to child support. In some cases, parents work to share physical custody equally.

Legal Custody

New Jersey courts often stress the necessity of having both parents involved in a child’s life. It is important that both parents still have influence over the important decisions that are made for a child. Legal custody allows parents to be involved in all the decisions made regarding a child’s upbringing. These decisions may handle healthcare, religion, academics, and the general wellbeing of the child. 

Sole Custody

In rare cases, a parent will be awarded sole custody. This occurs when one parent is deemed unfit. If this happens, the fit parent may be awarded sole custody. In most cases, the unfit parent will have some form of visitation rights. Parents may lose custody for the following reasons:

  • Abuse
  • Substance abuse
  • Neglect
  • Refusal to co-parent
  • Failure to follow court orders

How is custody determined?

When determining custody, a New Jersey court will examine some of the following factors:

  • If the parent will act in the child’s best interest
  • If the parent can provide a stable home
  • The relationship between the child and each parent
  • Any history of abuse
  • The needs and safety of the child
  • The preference of the child if they are of sufficient age

If you have any questions or concerns about child custody in New Jersey, contact our firm today.

Contact our experienced Red Bank firm

Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.