When a married couple with children decides to divorce, the issue of child custody becomes a priority. Our lawyers have the knowledge and the experience to help you with child custody issues in New Jersey. Contact a dedicated Mercer County family lawyer from The Law Office of Rachel Cotrino, LLC today for assistance with your child custody case.
Physical Vs. Legal & Joint Vs. Sole Custody in New Jersey
In New Jersey, custody consists of both legal custody (a parent’s authority to make major decisions regarding a child’s health, education, or general welfare) and physical custody (referring to a child’s physical presence with a parent).
New Jersey law does not favor any particular custody arrangement. Joint legal custody is common, but judges often find that it’s in a child’s best interest to have a primary physical home with a parenting plan that provides a schedule for a child to spend time at the other parent’s home. In some cases, courts will even grant sole custody to one parent, but this is rare and only in cases where they believe the other parent is unable to act in the child’s best interests.
Determining Child Custody in New Jersey
Because each case concerning child custody is different, New Jersey’s courts consider several factors to determine custody, including the following:
- The Parents’ Ability to Agree, Communicate, and Cooperate: The court will consider whether the parents can work together and effectively communicate when making decisions that affect the child’s well-being.
- The Parents’ Willingness to Accept Custody and Encourage Parenting Time: Judges will look at whether each parent is willing to take on custodial responsibilities and support the child’s relationship with the other parent, absent any legitimate safety concerns.
- The Relationship Between the Child and Each Parent and Siblings: The court evaluates the strength and quality of the child’s bond with each parent, as well as with any siblings, and how those relationships may be impacted by a custody arrangement.
- Any History of Domestic Violence: If there has been domestic violence, the court will take that into serious consideration when determining what custody arrangement is appropriate.
- The Safety of the Child and Each Parent: Protecting the child is always a priority. The court will assess whether either parent poses any risk of physical harm to the child or to the other parent.
- The Preference of the Child: If the child is of sufficient age and maturity, the court may consider their preference, although it is only one factor among many.
- The Needs of the Child: This includes the child’s emotional, physical, and developmental needs, and how each parent is able to meet those needs.
- The Stability of Each Parent’s Home Environment: The court will consider whether each parent can provide a stable, consistent, and supportive home for the child.
- The Quality and Continuity of the Child’s Education: Maintaining consistency in schooling is important, and the court will look at how each custody arrangement may affect the child’s education.
- The Fitness of Each Parent: The court evaluates each parent’s ability to care for the child, including their overall judgment, behavior, and capacity to provide proper guidance.
- The Distance Between the Parents’ Homes: Geographical proximity can impact parenting time arrangements and the child’s daily routine, including school and extracurricular activities.
- The Time Each Parent Has Spent with the Child: Judges consider both the quantity and quality of time each parent has spent with the child before and after the separation.
- The Parents’ Work Responsibilities: The court will look at each parent’s work schedule and availability to care for the child on a consistent basis.
- The Age and Number of the Children: The court considers the children’s ages and how many children are involved, as these factors may affect what type of custody arrangement is most appropriate.
Modifying Child Custody in New Jersey
Life changes after a divorce, both for parents and for children, and in many ways, it changes significantly. Courts in New Jersey recognize this reality, which is why, in certain circumstances, they will grant modifications to child custody agreements when they no longer reflect the present reality for a family. Some examples of scenarios that may constitute a child custody modification are as follows:
- A Change in One Parent’s Living Situation: If a parent moves to a new home, relocates to a different area, or experiences a change in their household environment, the court may review whether the current custody arrangement is still appropriate.
- Relocation of a Parent: If one parent intends to move a significant distance away, this can impact parenting time and may require a modification to the existing custody order.
- A Change in the Child’s Needs: As children grow, their emotional, educational, and physical needs may change, which can affect what custody arrangement is in their best interests.
- A Parent’s Inability to Comply with the Existing Custody Order: If one parent is no longer able to follow the current custody schedule due to work obligations or other circumstances, a modification may be necessary.
- Concerns Regarding the Child’s Safety or Well-Being: If there are concerns about abuse, neglect, or any other issue affecting the child’s safety, the court may intervene and modify custody to protect the child.
- A Significant Change in a Parent’s Work Schedule: Changes in employment hours or job responsibilities can impact a parent’s availability and may justify revisiting the custody arrangement.
- The Child’s Preference: If the child is of sufficient age and maturity, the court may consider their preference when determining whether a modification is appropriate.
Contact a Child Custody Lawyer in Mercer County, NJ
If you are going through a divorce and there are children from your marriage, then contact a skilled and compassionate Mercer County child custody lawyer from Law Office of Rachel S. Cotrino, LLC immediately. We will thoroughly review your situation, analyze all information regarding your divorce and custody issues, advise you of your legal options, and help you determine how best to proceed.
