We all know that property division and alimony are just two of the myriad challenges that must be resolved during a divorce. However, the custody arrangement and how this divorce will affect your children’s life and wellbeing are the most important decisions you need to make. So, if you’re a parent looking forward to knowing all about how child custody is decided during divorce case, you’re at the right place.
In general, joint legal and joint physical custody agreements between the parents are preferred by New Jersey courts. The court favours custody arrangements that provide the child to maintain contact with both parents. Keep reading and know everything about it here. Not only had that but read about the best child custody lawyers here.
Child Custody: Types
The public policy in New Jersey is that kids should stay in touch with both parents on a regular basis. A judge may impose any of the following orders based on what is in the child’s best interest:
- Joint Legal Custody
When both parents share legal custody, the child’s welfare, including health, education, and general welfare, is considered when making important decisions. Even if only one parent has sole physical custody, this can be ordered. The parents typically communicate with one another and make choices together when they have shared legal custody. Joint custody is typically not a suitable option since domestic abuse instances involve control, fear, and an imbalance of power.
- Joint Physical Custody
Joint physical custody is when the child spends time with both parents, but it doesn’t always imply equal time with each parent.
- Sole Legal Custody
When just one parent has the authority to make important choices for the child, this is known as sole legal custody.
- Sole Physical Custody
When only one parent has physical custody, the child spends most of their time with them. Most likely, the other parent will continue to have set parenting time.
9 Things Which Helps Deciding the Custody
Both parents are seen as equally important in the state of New Jersey. The choice about child custody is decided based on what is best for the kids. The only thing that the law considers is what is best for the kids. Neither parent is favoured. The procedure is intended to safeguard kids. When evaluating the circumstance, the court considers a number of variables. The court considers a number of variables to decide the best form of custody, including:
- Ages of the kids.
- Number of kids.
- Stability of kids.
- Children’s mental health.
- Children’s physical well-being.
- Bond and connection between the kids and their parents.
- Children’s physical and emotional requirements.
- The parenting style of each parent and potential effects on the kids.
- The readiness of each party to keep up good relations with the kids and the other parent.
Bottom Line
Overall, the judge in family court won’t favour one sort of custody over another; rather, the choice will be made solely on the basis of what is best for your situation. It will rely on what benefits the kids and promotes their general well-being and best interests. The wellbeing of the children is the top concern of the family court. This is what gives the judge the ability to sort through the arguments and weigh the evidence.
So, you should speak with a lawyer who can best represent your interests if you seek sole custody in New Jersey or joint custody. Your agreement’s provisions must be written in writing and presented to the family court by your attorney. And if you’re looking for best lawyers who can win your case then Nj Family Law is the perfect option in front of you.
