How Do NJ Courts Determine Child Custody?

When parents divorce or separate, few issues are more important than determining where their child will live and who will make decisions on the child’s behalf. Both parents may have very different ideas about what would work best, which is why custody can quickly become a heavily disputed matter. Continue reading and reach out to a knowledgeable and experienced Atlantic County child custody lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC to learn more about how courts in New Jersey determine child custody and how our firm can help advocate for your rights, every step of the way. Here are some of the questions you may have:

Are There Different Types of Child Custody?

Yes. New Jersey recognizes legal custody and physical, or residential, custody. Though often discussed together, these terms concern different parental rights and responsibilities.

Legal custody concerns important decisions involving education, medical care, religion, and general welfare.
Joint legal custody allows both parents to share that authority and requires them to communicate.
Sole legal custody gives one parent primary decision-making authority, though the other may still receive parenting time.
Physical custody determines where the child spends their time; i.e., how often they see the other parent.

Typically, one parent is named the parent of primary residence, and the other is the parent of alternate residence. Shared physical custody is also possible, but equal parenting time is not guaranteed merely because one parent requests it.

What Factors Do Courts Consider When Determining Child Custody in New Jersey?

When parents agree on custody terms, the court will generally approve them unless the arrangement is contrary to the child’s best interests. If they cannot agree, however, a Family Court judge must review their circumstances and determine what is most appropriate. Courts in New Jersey will consider a wide array of factors, including the following:

Each parent’s ability to agree, communicate, and cooperate
The child’s relationship with both parents and any siblings
Domestic violence, child abuse, or interference with parenting time
The safety of the child, the child’s siblings, and either parent
Home stability and the continuity of the child’s education
Each parent’s fitness, work responsibilities, and previous involvement
The distance between the parents’ residences
The child’s needs, age, and reasoned preference when sufficiently mature
Relevant input from a licensed mental health professional treating the child

Can You Ever Modify a Child Custody Agreement in New Jersey?

Yes. However, a parent cannot generally obtain a modification simply because he or she dislikes the existing arrangement. Instead, the requesting parent must show changed circumstances and demonstrate that reconsidering custody or parenting time may better serve the child. Some of the potential reasons for modification are as follows:

Relocation or a major work-schedule change
Repeated violations of the existing parenting plan
Domestic violence, substance abuse, or parental-fitness concerns
Changes in the child’s medical, educational, or emotional needs

That being said, you should note that even when both parents agree to a modification, they should formally incorporate the new terms into a court order, as informal agreements can be difficult to enforce. Since custody disputes are seldom simple, you should consider speaking with a knowledgeable New Jersey divorce and family lawyer who can explain how the law applies and fight for an arrangement that protects your child’s well-being.

If you have any additional questions or would like to speak with an Atlantic County family lawyer about your case, please don’t hesitate to contact the Law Office of Stephanie Albrecht-Pedrick, LLC today.