Divorce impacts more people than just the two spouses going through it. This is especially so when children are involved. When parents are divorcing, they are required to determine new arrangements for the future of their children as well so that they can continue to be loved and supported. This includes arranging child custody. While some couples can establish arrangements on their own, others may need the help of the court to do so. Continue reading below to learn more about how this is done.
What are Different Types of Custody?
In New Jersey, there are different types of custody arrangements that can be granted. They vary depending on the family in question and what suits their needs. This can include the following:
- Physical Custody: This determines who the child lives and spends the majority of their time with. This parent is the child’s main guardian or primary caretaker.
- Joint Custody: Courts tend to prefer both parents involved in their child’s life. With joint custody, parents divide their time equally with their child.
- Legal Custody: This gives parents the right to be involved in making major decisions for the child throughout their upbringing. This can include matters of healthcare, education, religion, etc. Even if a parent does not have physical custody, they should still fight for legal custody.
How is Custody Determined?
In order to make decisions regarding child custody in New Jersey, the court is required to do so in the child’s best interests. This means the child is placed in an environment that is safe, happy, and healthy for them, not just what the parent wants. When making a decision, the court will consider a variety of factors relating to the family, such as:
- The relationship between the child and each parent
- If the parent will act in the child’s best interest
- The stability each parent can provide the child
- Whether or not the parents are willing to accept custody
- What the child needs
- The child’s safety
- History of abuse
- Both parents’ fitness
- The geographical proximity of both parents’ homes
- The preference of the child if they are of sufficient age
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.
