What You Need to Know About Child Custody in New Jersey
Child custody can be one of the most challenging and emotional aspects of separation or divorce. In New Jersey, the state's child custody laws prioritize the well-being of children above all else. Understanding some of the key facts about child custody in New Jersey is important when navigating this complex terrain. It’s important to recognize that every child custody case is unique. The legal process adapts to the complexities of each situation, ensuring that the best interests of the children and the unique circumstances of the parents are taken into account.
Physical and Legal Custody:
In New Jersey custody laws, there are two primary categories: physical custody and legal custody. Physical custody relates to a parent's ability to provide a stable and nurturing home for the child. Legal custody, on the other hand, pertains to the right of a parent to make significant life decisions on behalf of the child. These decisions encompass matters related to healthcare, religion, and education.
Joint Custody vs. Sole Custody:
The battle for joint custody or sole custody is a significant decision. In joint custody, the child may live with one parent or alternate between parents, and both parents collaborate when making important life decisions. In sole custody, the child primarily resides with one parent while maintaining parenting time with the non-custodial parent.
Here are some more key aspects to consider about child custody in New Jersey.
Grandparent Visitation Rights: New Jersey grants grandparents the ability to petition for visitation rights if they can prove that maintaining a relationship with the child is in the child’s best interest.
Relocation Restrictions: Custodial parents seeking to move with their child to a different state or a significant distance within New Jersey must seek approval from the other parent or the court.
Mediation as a Preferred Method: New Jersey courts promote the resolution of custody disputes through mediation, where a neutral third party facilitates discussions and helps reach mutually agreeable solutions.
Modification of Custody Orders: Either parent can request a court to modify an existing custody order if substantial changes in circumstances or the child's best interests warrant such action.
Domestic Violence Considerations: In cases involving a history of domestic violence, New Jersey courts prioritize child safety and may enforce protective measures, such as supervised visitation or the creation of a safety plan.
At Destefano Law, we understand the complexities of child custody proceedings. With over 38 years of experience as a family law attorney and mediator, Corinne DeStefano is committed to ensuring that parents going through separation make the best decisions for themselves and their families. We believe in maintaining positive family relationships, even when marriages end. We promote autonomy and empowerment for families involved in legal processes. Through Collaborative Practice, we support families in making their own decisions, reducing the reliance on judges or arbitrators.
Are you facing child custody issues in New Jersey? Contact us today for guidance and assistance. We're here to help you make the best decisions for your family's future.