Legal and Physical Custody in New Jersey

As you start navigating your child custody issues, it's important to understand the different types of custody:

• Legal custody determines a parent's ability to make decisions for their child, such as the medical care they receive, what school they attend, etc.;
• Physical custody determines a parent's ability to house their child.

Whichever parent houses the children a majority of the time is called the "custodial" parent, while the other parent is the "noncustodial" parent. Custodial parents gain certain benefits, such as head-of-household tax breaks, that noncustodial parents don't receive.

During custody and visitation matters, the parents can either work together to draft a parenting plan or rely on the court in NJ to develop one on their behalf. The parenting plan details how the parents share physical and legal custody during the school year and summer vacation, over holidays. In addition, it establishes behavioral boundaries and parenting guidelines the parents must abide by.

If you agree with your co-parent on how to handle custody, you may be able to draft a parenting plan together. If a court in NJ approves of your joint parenting plan, it can sign it, finalizing your custody arrangement and closing your custody matter.

Otherwise, you may need to attend a court hearing with your co-parent. After listening to both parents, the court will develop a custody plan it considers equitable on the parents' behalf.

Exploring Types of Child Custody Arrangements

There are two types of common custody arrangements:

• Joint custody. In a joint custody arrangement, the child spends time living with both parents and both have physical and legal custody rights, although the child may spend more time with one parent than the other.
• Sole custody. In a sole custody arrangement, only one parent gets physical and legal custody rights. The child lives with that parent, although the parent may still be able to obtain visitation rights.

In any given custody situation, the court's primary concern is the child's best interests. For that reason, many courts default to joint custody arrangements under the assumption it's best for a child to spend time with each parent.

However, suppose a parent proves themselves "unfit," typically due to an issue such as domestic violence or substance abuse. In that case, the judge may award the other parent sole custody rights and restrict the unfit parent to either having visitation rights or being unable to see their child.

• Related Reading: "Co-Parenting vs. Parallel Parenting: Which Is Best?"

Understanding the Child Custody Evaluation Process

One critical aspect of child custody matters is the custody evaluation process. This comprehensive assessment is designed to determine what arrangement is in the best interest of the child. A custody evaluator, often a mental health professional, will gather information from various sources, including interviews with parents, children, and other relevant parties, as well as observations of interactions between the child and each parent.

Here’s why understanding this process is essential:

• Objective Insights: Custody evaluations provide an unbiased perspective that can greatly influence custody decisions.
• Child-Centric Approach: Evaluators focus on the child’s needs, ensuring that their welfare is prioritized in custody arrangements.
• Preparation is Key: Knowing what to expect during an evaluation can help parents prepare effectively, reducing anxiety and improving outcomes.
• Building Trust: Being informed about the evaluation process fosters open communication between parents, which is crucial for co-parenting.

At DeTommaso Law Group, we guide our clients through every step of the custody evaluation process, ensuring that your rights and your child's best interests are represented. Contact us today to learn more about how we can help you navigate this complex journey.

Modifying and Enforcing Child Custody Agreements

Circumstances may arise that require a child custody agreement to be modified or enforced. For example, as a custodial parent, you may need to request a modification of your custody order because you need to relocate for work. As the non-custodial parent, you may need to ask the court to enforce a custody order if the custodial parent is wrongfully barring you from seeing your children.

Visit our pages on modifications and enforcement of court orders to learn more about your options in these cases. Our NJ family law attorneys are here to help.