Child custody is a life-changing decision. If you are divorcing with children, it’s important to understand the different kinds of custody arrangements available. If you believe that it would be detrimental for your child’s other parent to receive parenting time, it’s crucial to understand your options. Please continue reading to learn when New Jersey courts will award sole custody and why connecting with our trusted Monmouth County Child Custody Attorneys is in your best interest.
What is Sole Custody?
In New Jersey, a judge can split custody in a number of ways. The court will look at several factors to determine what custody arrangement is in the best interests of the children involved. When a parent is awarded custody, there are usually two different meanings. The first is legal custody, which refers to who has the decision-making power over things like education, religion, health care, and the general welfare of the child. Physical custody, on the other hand, refers to where the child resides and spends most of their time.
Generally, the court believes it’s in a child’s best interest to have a positive relationship with both parents. As such, they will usually grant joint custody, in which children split their time 50/50 between both parents. With joint physical and legal custody, both parents have the authority to make decisions involving the children and must consult and agree on these decisions. Although joint custody is typically favored by New Jersey courts, there are instances in which it’s not feasible. In these cases, the court may award sole custody to one parent.
Under a sole custody arrangement, one parent will take care of the child for the majority of the time and has the sole right to make decisions regarding the child’s upbringing. It’s important to note that sole custody is usually only granted when one parent can prove the other is unfit to care for the child. This can be due to evidence of child abuse, neglect, or substance abuse issues. Since it’s generally not considered to be in a child’s best interests to be cut off from one parent, even in sole custody arrangements, the non-custodial parent can still be awarded visitation rights.
What Can I Do if I Believe Sole Custody is in My Child’s Best Interest?
If you are facing a custody battle and believe your ex isn’t equipped to meet your child’s needs, you must demonstrate why it would be against the best interest of your child to be in the care of their other parents. The following include but are not limited to some issues that the court may grant full custody:
- Allegations of domestic violence
- Active additional
- Mental health problems
- Neglect
- Parental alienation
- Incarceration
- Inability to provide a safe home
However, the most important thing you should do before engaging in a custody battle is to retain the legal services of an experienced attorney from Paone Zaleski & Murphy, who can zealously represent your interests. Our legal team is dedicated to protecting children’s best interests. Connect with our firm today to learn how we can fight for you and your family today.
