How is Child Custody Determined in New Jersey?

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If you are facing an upcoming child custody case, it is crucial to understand what New Jersey courts will consider when determining custody. To learn more about child custody in New Jersey, continue reading and contact our experienced Bergen County, New Jersey child custody lawyer. Here are some questions you may have:

What is the difference between legal and physical custody in New Jersey?

The two primary types of custody in New Jersey are legal custody and physical custody. Physical custody refers to where the child will primarily reside. Legal custody refers to a parent’s right to make important life decisions on behalf of their child. This may include making decisions regarding medical treatment, religion, education, and more.

How can I gain child custody?

To work towards gaining custody of your child, the first step you will take is to file a motion or complaint through the New Jersey court system. You will then attend a New Jersey Parent’s Education Program with your co-parent. This program will provide information regarding alternative dispute resolutions for custody issues and childhood transitions through separation or divorce. Next, you will attempt to resolve your custody issues through child custody mediation. The purpose of mediation is to arrive at an appropriate custody agreement without the need for litigation. However, if you are unable to reach an agreement through mediation, you will proceed to a custody hearing where the outcome will be determined by a judge.

What is joint custody?

If parents cannot come to an agreement regarding custody terms, New Jersey courts will commonly favor granting joint custody. This is due to the fact that this option alters the child’s life as little as possible. Joint custody allows both parents to share custody and to play equal parts in their child’s upbringing.

What is considered by New Jersey courts when determining custody?

New Jersey courts will consider the following factors when determining child custody:

  • The child’s needs
  • The age of the child
  • Who their primary caregiver has been
  • Each parent’s ability to act as a guardian
  • The bond the child has with both parents
  • Any history of domestic violence
  • Any reasoning for the primary caregiver to change or not change

If you have any further questions regarding child custody and how it is determined in New Jersey, do not hesitate to contact our experienced Bergen County, New Jersey family law attorney. Our legal team will do everything in our power to achieve a positive outcome for you and your family regarding any of your family law matters. Give our firm a call today to learn more about our services and how we can assist you.

Contact Our Experienced Bergen County Firm

Whether you are getting divorced or are facing any other family law matter, you need competent legal assistance on your side. Our legal team is dedicated to fighting for individuals, their families, and their future. Contact HD Family Law today to schedule your initial consultation with our compassionate and experienced firm.

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