Child Custody FAQs

A: In New Jersey, child custody is addressed in terms of both physical and legal custody, and legal custody determines how decision-making authority will be assigned. Often, legal custody is shared, but one parent may have the right to step in if it becomes necessary to do so. Another option is dividing the decisions between the parents according to the topic. Sole legal custody can also be awarded.

The kinds of decisions addressed by legal custody include those related to all the following:

• The children’s schooling
• The children’s healthcare
• The children’s religious education
• The children’s participation in extracurricular activities and travel

A: In New Jersey, the children’s best interests are always the primary concern, and this generally translates to each parent receiving regular and frequent visitation. Only if there is a serious reason for doing so will one parent receive very limited parenting time.

A: New Jersey courts are motivated by the involved children’s best interests when it comes to child custody determinations, and in making these decisions, they turn to best interest factors like the following:

• The children’s needs and each parent’s ability to meet them
• The degree to which each parent is committed to being an effective co-parent
• The preferences of those children who are considered mature enough to participate
• The stability of the home environment provided by each parent
• The distance the parents live from one another
• The depth of the relationship each parent has established with the children to date
• Each parent’s employment responsibilities

A: Your seasoned child custody lawyer can make a big difference in your case’s outcome by ably handling each of the following:

• Guiding you effectively and efficiently through the legal process
• Ensuring that you recognize your parental rights
• Building a strong case
• Skillfully negotiating mutually acceptable terms
• Being well-prepared to take your case to court if your children’s other parent refuses to engage in reasonable negotiations

If your parental rights are at stake, it’s time to take action.