When you and your spouse go through a divorce, you may find that one of the most tense matters is how you will share custody of the child. If you and your spouse are unable to reach a mutual decision on the matter, the court will get involved to help determine the best possible arrangement for the child. In order to do so, the court will examine a number of different factors to determine the best interest of the child. If you are unsure what this means or how the courts implement this practice, you’ll want to keep reading. The following blog, in conjunction with a Somerset County child custody lawyer, can help you fight for the best possible outcome for your circumstances.
What Are the Different Custody Arrangements in New Jersey?
It’s imperative to understand that New Jersey, like other states, has two primary types of custody – legal and physical. Physical custody refers to the parent who is caring for the child at any given time, while legal custody represents the rights of a parent to make important decisions for the child.
Additionally, both forms of custody can be joint or sole. Joint physical custody can include the child spending time with each parent, whether split evenly or in favor of one parent having primary physical custody. Joint legal custody requires both parents to reach an agreement on matters related to the child, like where they go to school or what medical care they receive.
What Factors Do the Courts Consider When Determining the Best Interest of the Child?
When determining how to divide custody between a couple, it’s imperative to understand that the courts adhere to a standard known as “the child’s best interest.” Essentially, this means that above all else, the court will prioritize the health, well-being, and happiness of the child over the demands and desires of the parents. In many instances, this can also mean placing the child with one parent, even if they want to live with the other.
As such, it’s imperative to understand what factors the courts will take into consideration when deciding on this matter. The following represents some of the most important elements a judge will consider:
- The age and health of each parent
- The income of each parent
- The job duties and schedule of each parent
- Both parents’ willingness to work with one another
- The ability of each parent to provide a safe and stable home
- Any allegations of drug abuse or child neglect
- Where each parent lives in relation to the other
- Where each parent lives in relation to the child’s school, community, and extracurriculars
You should also note that the court generally believes it is in the best interest of the child to maintain a relationship with both parents. As such, they may begin with the assumption that equal custody is ideal. However, as they examine different factors, the court can adjust the allotted custody time to better represent what is best for the child.
While the court will prioritize the best interest of your child, ensuring you have an attorney on your side to help you navigate these difficult times and fight for the best possible outcome for your family is critical. At the Siragusa Law Firm, we understand how difficult these matters can be, which is why we will do everything in our power to help fight for you. Contact us today to learn how we may assist you.