New Jersey courts make child custody decisions based on a child’s best interest, but the nuances of child custody law can influence case outcomes.
Navigating child custody concerns does not involve just one parent and is not about one parent getting what they want.
It is important to create a clear plan for child custody with your attorney to keep everyone on the same page.
Creating an environment for strong parent-child relationships and a stable co-parenting relationship can mean a more positive outcome for everyone involved.
Here are a few common questions often asked about the child custody process in New Jersey.
- How do courts determine which parent gets custody?
The courts have a variety of ways to assess a family’s situation. Testimony may be taken, each lawyer will submit a pleading, and sometimes, a child custody evaluation will be completed.
Custody evaluations usually are conducted by a mental health specialist who will:
- Review court documents.
- Conduct psychological tests if needed.
- Interview the child and co-parents separately.
- Observe the child with each parent.
If the co-parents can’t come to a child custody agreement, the courts will intervene and establish a custody plan.
- Which child custody laws pertain to my case?
The specific laws about your case will depend on your family and your needs. It’s important to have open conversations with your child custody attorney.
A lawyer will help you identify priorities and balance them with legal requirements.
- What is the difference between physical and legal custody in New Jersey?
Child custody is often used to refer to legal and physical custody, but they are two separate things.
Physical custody refers to where the child lives or spends the majority of their time, and is also known as “residential custody.”
Legal custody refers to how significant decisions are made for the child, like where they go to school or their religious upbringing. Legal custody can also specify who makes these decisions for the child.
- What Do I Need to Ask For in a Child Custody Agreement?
What’s included in a child custody agreement depends on what you would like to get out of the agreement.
Some questions to ask are “What do you want your child’s life to look like?” and “How will it work with your long-term plans?”
A supportive child custody attorney can ease this process.
- Can a child decide which parent to live with?
A child can’t decide who they will live with until they reach the age of 18. An older child, however, may provide more weight to where they live during a divorce proceeding.
It’s not recommended to ask your child where he or she would want to live. They might feel pressured.
A child custody attorney will help you identify your goals for your children and support them until child custody issues are resolved.
Cooper Levenson is a full-service law firm established in 1957. Cynthia N. Grob, Esq., a partner with nearly 20 years of experience in family law, can be reached at cgrob@cooperlevenson.com or by calling 856-857-5538.