Understanding the Different Types of Child Custody in New Jersey

Child custody is a common issue that arises in the courtroom. If you would like to learn more about the different types, read on and give our firm a call today. Our dedicated Somerset County child custody attorney is on your side.

What are the different kinds of child custody in New Jersey?

There are a number of different options for custody in New Jersey, depending on several factors regarding both the child and each parent. The types of custody that New Jersey courts consider will include the following:

• Physical custody: Also referred to as residential custody, this type of custody is granted to the parent or guardian that has the child more nights per week. If the parents can work together and set aside their disparities to best suit their child’s interests, a shared physical custody arrangement may be the best option. This implies that the child’s nights are more evenly divided.
• Legal custody: This is awarded to the parent that makes all of the important decisions for the child, including academics, religion, and medical issues. Keep in mind that even if a parent loses physical custody, our firm acknowledges that it is still important to fight for joint legal custody.
• Sole custody: If a parent is found to be unfit by the court, the other parent may be granted sole custody. This usually indicates that the fit parent has the child most or all of the time and has the ability to make all of the important legal decisions concerning schooling, religion, medical services, and more. New Jersey acknowledges that a child’s best interests are met when both parents are involved in his or her life, which is why the unfit parent may be permitted supervised or unsupervised visitation rights in order to rehabilitate their lives and create a healthy and effective relationship with their child once again.

When would a New Jersey court decide a parent is unfit?

New Jersey courts promote parents to make choices about child custody arrangements on their own, however, in some cases, the court will need to intervene. If the court gets involved in custody arrangements, it may be found that one of the parents is unfit for custody. A parent may be considered to be unfit if there is a history of drug or alcohol abuse, domestic violence, mental disturbance, and/or other issues that can put the child in physical and/or emotional danger. Recognize that a court will always prioritize a child’s best interests, which is why the custody arrangements may result in the sole legal and physical custody of one parent.