How Do New Jersey Courts Determine Child Custody?
New Jersey courts will determine two types of child custody: physical and legal. Physical custody refers to the parent with whom your children will spend most of their time, while legal custody refers to the rights of parents to make decisions affecting the children’s education, safety, health, religion, and more.
The courts will consider the rights of both parents when determining custody. For some families, joint physical custody may be preferable, as each parent will have equal time with their children. In some joint physical custody situations, both parents enjoy parenting time with their children, but with one parent having more. Joint legal custody means both parents have shared access to information and influence in decision-making.
In some situations, a court will award sole legal custody to one parent, so that one parent has decision making power. Sole physical custody may be awarded if it is in the child’s best interests or for other circumstances, such as a history of domestic violence or abuse.
The child’s best interests will always impact the court’s decision. During this transition, it is important to ensure that your children’s lives are supported and they can continue to grow in a safe and stable environment.
What is Parenting Time?
Part of a child custody determination is parenting time, which refers to the time each parent spends with their children.
If one parent has sole legal custody over their children, the non-custodial parent may still be granted parenting time by the court. Depending on your circumstances and history, the court could appoint a third person to supervise these visits.
When Should I Meet with a Child Custody Lawyer?
As you begin the process of divorce or separation from your co-parent, it’s a good idea to meet with a child custody lawyer. The family lawyers at Rigden, Lieberman & Mignogna, P.A. proudly represent New Jersey parents as they navigate child custody.
Alexandra (Lexie) Rigden, Ronald Lieberman, and Melissa Mignogna each bring years of family law experience to the table, offering honest and compassionate counsel to each client. We understand that this is a difficult time for families, and our legal knowledge and support ensure that the transition is as smooth as possible.
