Child Custody Laws

Child custody represents one of the more complex and highly contested elements of many divorce cases. With that in mind, it is important for a person contemplating ending a marriage to have a basic understanding of the five most essential facts about NJ custody laws. You should consult an experienced New Jersey child custody lawyer.

There are two different types of custody: physical and legal. Physical custody represents the legal ability of a parent to maintain a residence for a minor child. Legal custody is the right of a parent to make major life decisions on behalf of a minor child. Major life decisions refer to significant matters that include healthcare, religion, and education.

Physical and legal custody can be exercised in a number of different ways. Two common types of physical and legal custody are joint and sole. Joint custody is when both parents exercise some manner of a custodial right, whether it is physical or legal. In sole custody, only one parent has the right to custody.

Overall, public policy maintains a preference that both parents remain involved in the life of a minor child in the aftermath of a divorce. Therefore, there tends to be a preference for joint legal custody, which permits both parents involvement in decision making for child.

State laws vary regarding when and how a minor child can express a preference regarding custody arrangements. This usually involves the matter of where the child wants to reside. Some states consider a child's emotional maturity in custody determinations. If a child has the emotional maturity to understand the custody process, a judge is likely to consider his or her wishes when making a custody determination. Some states establish an age-related set of guidelines regarding when and to what degree a child's wishes are considered in the matter. Technically, however, a child's preference is never absolute when it comes to a custody determination.

The standard applied by a court in making a custody decision is what is in the best interests of a child. This determination is made on a case-by-case basis, considering a variety of factors. These include which parent has been the child's primary caretaker and the overall physical and mental health of the parents and child. Custody issues are challenging. Therefore, a party facing such a matter is advised to retain the services of a skilled, capable New Jersey child custody lawyer.

Peter Van Aulen is a divorce and family law attorney with years of experience. Also, Mr. Van Aulen has been certified by the New Jersey Supreme Court as a matrimonial attorney. If you are facing a divorce, call the Law Offices of Peter Van Aulen today for a free initial consultation with a New Jersey child custody lawyer.