When you are going through a divorce, it is a good idea to familiarize yourself with child custody laws to better prepare you for what is to come in your child custody case. Each state has its own variation of custody types and requirements. As for custody in New Jersey, there are several types of custody situations that can be pursued.
Physical Custody Vs. Legal Custody
In New Jersey, there are two aspects that are predominantly considered in custody — physical custody and legal custody. Physical custody determines where the child will live and spend their time, and legal custody determines which parent or parents are responsible for making important life decisions for their child.
Either one parent of both parents can have physical and legal custody. Through this, parents have the option to pursue sole or joint custody.
Joint custody is typically custody that is shared between the two parents of the children. When working out this type of custody agreement, it is important that both parents can achieve mostly equitable time with their children. In this situation, both parents should decide upon the medical and educational decisions regarding the children.
In a sole custody situation, the children generally live with only one of the parents and may or may not have limited visitation with the other parent. Generally, in a sole custody order, one parent makes all the medical and educational decisions regarding the children.
Factors That Determine Who is Awarded Which Type of Custody
There are some factors that play a part in whether joint or sole custody is awarded. If both parents are stable and fit to parent and have no history of domestic violence or other issues, joint custody is usually awarded. If one parent does have a history of drug addiction, domestic violence, or certain mental health conditions, sole custody may be awarded to the parent who is deemed more suitable for the well-being of the children.
In the state of New Jersey, grandparents may also file for visitation rights. Although this is not considered a full custody issue, they can request to have a certain amount of time to spend with their grandchildren. Whether or not their request is approved is up to the court system.
Contact a Chester Child Custody Lawyer Today
If you need help with custody or visitation issues, do not hesitate to contact Edens Law Group, LLC. Our team of skilled custody attorneys understand how difficult it is to make custody decisions that are in your child’s best interests. Our motto is “Divorce Doesn’t Have to Destroy,” and we implement that into everything we do. We are here to make sure you and your family’s rights are always well protected throughout the legal process.
Contact Edens Law Group, LLC today to speak to our Chester child custody attorneys by visiting us online or calling us at (908) 259-6565.