When relationships first begin, and the discussion of having children comes up, couples rarely consider the possibility of a breakdown in the union. Oftentimes, love blinds us to the very real complexities of life, one of which is the dissolution of the bond that once joined two souls together. Furthermore, our minds dare not fathom the possibility of having a child with someone we won’t be with forever. Yet, the cold reality is that many parents will eventually separate from their spouse, leaving the question of “Who gets the children?” to the courts.
If you have children and are going through a divorce, the most important issue you now face is coming to an agreement with your soon-to-be-ex regarding child custody. It’s an uncomfortable topic, one that can result in more anger and resentment. Finding an agreement regarding child custody isn’t easy, and it’s no wonder why. Everyone can be impacted by a child custody agreement, especially the children. Here we’ll discuss some of the things you need to know when it comes to child custody arrangements in New Jersey:
The Two Types of Child Custody
First, there are two kinds of child custody in New Jersey. When someone mentions custody, more often than not, they’re referring to physical custody. Physical custody refers to the amount of time the child (or children) spend with either parent. In most cases, parents receive joint custody, where children spend equal or designated time periods with their parents. A good example would be a child that spends weekdays with their mother and weekends with their father.
The second type of custody specifically refers to a parent’s right to make decisions about their child. This is called legal custody and often includes decisions about education, healthcare, and other important considerations. For the most part, legal custody is always shared between parents no matter what physical custody arrangements are made, yet there are exceptions. In cases where one parent has been found to be abusive or negligent, a judge may award both physical and sole legal custody to the other parent.
What Are the Factors That Determine Child Custody?
New Jersey sets forth several determinations for the court to use when deciding custody arrangements between two parties. First and foremost, the interests of the child are the primary factor determining the time spent with each parent. Additionally, the court will take into consideration how well the two parties can come to agreements and cooperate in any circumstances related to the child (or children). A judge may also factor how willing each parent is to take custody and, depending on the child’s age, what their relationship is with each parent and other siblings. Finally, whether the welfare of the child is in jeopardy with either parent will greatly affect the court’s determination on who receives custody.
How Are Schedules Determined When It Comes to Child Custody?
Like custody itself, custodial schedules are often determined by the child’s needs first. Then other factors are considered, such as what agreements the parents have come to regarding time-sharing. One parent may prefer to have the child during the weekend, whereas the other wants weekdays. Since the child will most likely be in school, their ability to attend classes is another major factor when it comes to determining child custody schedules. If both parties are willing to work together in the child’s best interest, then the courts will have the flexibility to meet the needs of both the parents and the child. If an agreement can not be reached, a judge will take it upon themselves to make the best decision regarding the child custody schedule.
The Vigneault Law Firm: Helping New Jersey Residents Navigate the Complexities of Divorce Law
Here at The Vigneault Law Firm, we take pride in providing professional legal services for residents in Northern and Central New Jersey. We offer a wide range of legal services, including representing clients in divorce cases and other New Jersey civil law matters. If you’re now facing the uncertain questions that come with divorce and child custody agreements, contact The Vigneault Law Firm today. One of our attorneys will take the time to discuss what legal options are available to you.