For help with a child custody issue, an experienced New Jersey family lawyer should be your first call. You may be concerned about your child’s custody circumstances, and an experienced attorney can provide reliable legal advice tailored to your specific situation. Ultimately, you may be wondering, “What are the child custody factors in New Jersey that a court may consider?”
New Jersey Child Custody
In our state, the term ‘child custody’ refers to more than simply where a child lives. It means physical and legal custody, which is often determined by a New Jersey court.
- Physical custody: This means where a child physically lives. The address that is used for school registration and healthcare records is considered the physical custody address. A parent with physical custody may have their child full-time, half-time, or another arrangement. The parent without physical custody typically has visitation rights, which are referred to as ‘parenting time’ in New Jersey.
- Legal custody: The parent(s) with legal custody can make important decisions regarding the child’s education, extracurricular activities, religion, medical care, and other matters.
Typically, New Jersey courts award joint custody to both parents, unless there is a compelling reason not to. Courts encourage ongoing, frequent contact with both parents and enforce shared custody agreements, unless one parent is unfit or it is not in the child’s interest. As examples, it would not be in a child’s interest to have shared custody if:
- There’s a history of domestic violence, abuse, or substance abuse from one parent
- There’s extreme parental conflict that would hinder cooperation
- A parent has an inability to provide a stable home
- A significant relocation is going to take place to disrupt the child’s life
- A parent repeatedly violates a previous court order
In New Jersey, child custody cases are handled exclusively by the Family Division of the Superior Court. Each of New Jersey’s 21 counties has its own Family Division office, usually inside the county courthouse.
New Jersey Child Custody Agreements
When formalizing New Jersey child custody arrangements, courts consider the child’s optimal welfare. There are a few factors a court may consider before a final agreement can be reached, such as:
- The ages of the children
- Where the parents reside
- The willingness and ability of the parents to reach an agreement for co-parenting
- If there has been any past evidence of domestic abuse
- If the parents have shown a willingness to support an ongoing relationship of their child with the other co-parent
- Transportation availability
- Job schedules
- Educational needs
- Health needs
- Other case-specific factors
The court can review the evidence presented by each party to determine whether one parent is better suited to address their children’s needs. Also, a child who the court deems mature enough to express an opinion may provide information to the court for consideration.
In general, courts promote joint custody agreements unless there is evidence of prior abuse or neglect. The court always has the final determination of child custody based on the child’s interests, considering these factors.
Of note, more than one-fourth of all U.S. children under 21 years old have one parent living separately, totaling about 21.9 million children. With so much at stake and emotions running high, it can be difficult to present a compelling case on your own. It’s critical to hire an experienced attorney familiar with New Jersey family law and how to build a solid case based on your specific custody goals. Reach out to the attorneys at Ford Brown Law for assistance.
About Ford Brown Law
As a Black women-owned law office, we proudly advocate for parents facing overwhelming legal situations. We practice statewide in New Jersey and are zealous advocates here to help your family. Connect with our office to hear more about our background and how we can assist you.
FAQs
Am I Required to Hire an Attorney for a Child Custody Case in New Jersey?
While you’re not required to hire an attorney for a New Jersey child custody case, an attorney can provide substantial support. They can:
- Explain relevant New Jersey laws
- Protect your parental rights
- Answer your important questions
- Prepare your family law paperwork
- Provide legal and emotional support
- Help ensure the most positive outcome and provide information so you can make informed decisions
What Mistakes Do People Make in Custody Battles in NJ?
Common mistakes in New Jersey custody battles often include failing to prioritize the child’s interests. Sometimes, parents discuss their child custody issues on social media and even badmouth the other parent publicly. Ultimately, when you hire an attorney from Ford Brown Law, we can help ensure you’re ready for a court hearing and able to avoid these mistakes.
What Evidence Is Helpful With a Child Custody Case to Support the Factors the Court Reviews?
Each child custody case is unique. Helpful evidence in a child custody case can include:
- Official documents like school records, medical reports, and financial statements
- Communication records, such as emails and texts, to demonstrate a parent’s involvement and ability to work together in the interest of the child
- Witness testimony from people like teachers, doctors, or family friends
- Photographs or videos showing a parent’s positive involvement
How Does My Attorney Prepare Me for a Child Custody Hearing?
An attorney can help prepare you for your child custody hearing. They may suggest you learn about:
- your child’s friends
- their teachers by meeting with them if possible
- their doctors
- any recent medical or educational issues
- the types of activities your child routinely enjoys at home and at school
When you know this information, you can answer the types of information that courts and other professionals typically ask at child custody hearings. This can help your case.
Hire a Child Custody Lawyer Serving New Jersey – Contact Ford Brown Law Today
When you need to hire a child custody lawyer who assists clients in New Jersey, reach out to Ford Brown Law. Our team of exceptional attorneys can provide reliable legal and emotional support right away. We can explore your available options for establishing a new child custody agreement or enforcing or updating an existing one. Contact us about your child custody issues today.
