One of the most difficult aspects of a divorce or co-parenting is making decisions about children. It often means placing their needs above a parents’ needs. For example, a parent may want their children to remain with them and never see their other parent. However, that will not suit the needs of the child. It’s also something that isn’t allowed in New Jersey family court.
Why? Family court focuses on the best interest of the child. These means the court looks at several factors when determine which parent should receive custody and/or visitation rights. Whether going through a divorce or single parents needing a custody agreement, contact a family attorney millburn nj to address any child custody concerns.
The Well-being of the Child in Custody Matters
The primary concern of the court is addressing the issues of child custody. Factors that often influences a judge’s decision on custody matters involve financial state, health and lifestyle of each parent. Other matters include the child’s relationship with each parent, parents’ work schedule and the child’s gender.
One of the biggest informal factors a judge looks at is how parents work together to resolve child custody issues. Do parents have differences that are not related to child custody issues like how their relationship ended? Are they willing to put those issues aside to make agreements that are best for the children? These answers will factor into the type of child custody each parent receives.
Types of Child Custody Cases in New Jersey
According to New Jersey law, only two specific types of child custody exists: physical custody and legal custody. Each type of child custody can be further broken into other categories. Physical custody allows a child to live with a parent. Legal custody allows a parent to make decisions about how their child is raised such as what school they attend.
These two custody types are further separated into two categories: joint and sole custody. Joint physical custody means each parent has equal right to live with their child. Joint legal custody means that both parents can make decisions about their child’s upbringing. Sole physical custody means that only one parent has the right to live with their child. The other parent receives visitation rights. Visitation refers to spending time with a child such as weekends or certain days. Visiting with a child may be supervised by a third party or unsupervised depending on if there was any abuse or alleged abuse of the child. Sole legal custody means that one parent has the right to make all the decisions about their child’s upbringing. The other parent must go through the court to contest any decisions such as the child moving out of state.
Joint and Sole Child Custody Agreements Require a Lot of Work
Contact a lawyer before negotiating any child custody agreements. Every parent needs to know their rights regarding spending time with their child or raising them. Also, they should understand all child custody laws in the state.