How do New Jersey Courts Determine Child Custody?

Child custody is one of the most hotly-contested divorce issues, and understandably so. Both parents want to play an equal part in raising their child, and no parent wants to be told that he or she cannot see their child for a certain period of time. If you find yourself in this situation, please read on and reach out to our experienced New Jersey child custody attorneys to learn more about how we can help.

How are joint and sole custody different?

Joint custody is used to describe a situation when divorced parents share custody of their child. Sole custody, however, is when one parent is granted exclusive custody of his or her child. Though this is rare, New Jersey courts will grant a parent sole custody if the other parent poses a significant danger to the child or has done something that questions his or her parental fitness.

What makes physical and legal custody different?

Physical custody deals with where your child usually lives after your divorce. Though many parents fight over physical custody, legal custody is oftentimes even more important. This is because legal custody deals with your legal parental authority, meaning if you obtain legal custody, you will have a say as to where your child can attend school, what religion your child should practice, the types of medical treatments your child can receive, and more. Without legal custody, you may not have the authority necessary to make these key life decisions for your child.

What factors will New Jersey courts consider when deciding child custody?

New Jersey courts consider several factors before deciding your child custody terms, however, your child’s best interests are of paramount importance. Therefore, courts will analyze several aspects of you and your spouse’s lives to make their determination. For example, courts will consider who the primary caregiver has been all along (and whether he or she should remain so), the quality of both you and your spouse’s respective homes/resources, and if your child is old/mature enough, whether he or she has a preference.

Though courts have your child’s best interest in mind, they are not always flawless in their decision making. That is why it is always best you retain the legal assistance of an experienced attorney who is ready to fight for your parental rights.

Contact our experienced New Jersey firm

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. We understand the severity and immediacy of all personal injury claims and additional legal matters, and we provide each of our clients with compassionate and aggressive legal assistance, every step of the way. Please contact our office for a free initial consultation and get any questions answered regarding your legal case.