Jun
3
New Jersey Child Custody 101
Filed Under Child Custody & Visitation, Child Support, Impact on Children
For divorcing spouses with children, the issue of custody is perhaps the most important and stressful issue with which to deal. Custody issues are generally divided into two concepts: Legal Custody and Physical Custody.
Legal Custody
Legal custody is defined as a parent’s decision-making responsibilities and can be arranged into two kinds, joint legal custody or sole custody. Joint legal custody arrangements require both parents to discuss and agree on major decisions concerning the child or children, such as medical, education, safety, and general welfare. Conversely, sole legal custody grants one parent the exclusive authority over the decision-making process without input from the other parent.
Physical Custody
Physical custody is defined as the right and obligation of a parent to have his or her child or children live with them. In many instances, one parent is awarded the primary residential custody of the child or children. This parent is referred to as the “primary residential custodian” and is responsible for the daily supervision, lodging and decision-making. The other party or the “non-physical custodial parent,” is conferred rights of visitation or rights of physical custody in accordance with an agreed-upon schedule or court order.
Types of Custody Arrangements
There are many variations of custody arrangements recognized by the courts. Parents are afforded broad discretion to create visitation or “parenting time” schedules aimed at continuing parental contact with the child or children, after the parents have separated or dissolved the marriage. In many cases, parents share physical custody whereby the child or children spend equal amounts of time with both parents throughout the year. The parties may also request that the court order any type of physical custody that serves the best interest of the children.
Factors Considered by the Courts
In making an award of custody, courts will consider several factors, including, but not limited to, (a) the parents’ ability to agree, communicate and cooperate in matters relating to the child or children; (b) the parents’ willingness to accept custody and any history of unwillingness to allow parenting tine not based on substantiated abuse; (c) the interaction and relationship of the child with its parents and siblings; (d) the history of domestic violence, if any; (e) the preference of the child when of sufficient age; (f) the stability of the home environment offered; and (g) the fitness of the parents. Generally, a parent cannot be deemed unfit unless his or her conduct has a substantial adverse effect on the child or children.
Tender Years Doctrine
In New Jersey, courts often employ the “tender years doctrine” when deciding custody matters. The doctrine holds that while the rights of both parents are equal to the custody of children, a child or children of tender years ordinarily is awarded to the mother if she is a fit and proper person. This doctrine, however, is subordinate to both the best interest of the child or children and the equal rights of both parents to the custody of their child or children.
Posted by Jason Medina
Medina, Martinez & Castroll, LLC
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