Basking Ridge Child Custody Attorney

Contested Custody 

In contrast, contested custody involves a situation whereby both parents are unable to agree on one or more important custody terms. Thus, the parents will turn to the family court to help resolve their custody battle, and a hearing will be scheduled.

Furthermore, the judge will allow both parties to present their case during the hearing and issue a final custody decree based on the child’s best interest. A skilled family law attorney can present your case diligently at the hearing and offer you the best chance of arriving at the most favorable custody arrangement for your family. 

Types of Child Custody in New Jersey

Additionally, there are two types of child custody, including: 

Physical Custody vs. Legal Custody

Physical custody refers to the control and routine daily care of a child. Generally, the child will live primarily with the parent with physical custody. The custodial parent will also handle tasks such as preparing meals, bathing, disciplining the child, taking the child to medical appointments, school, and extracurricular activities.  

Conversely, legal custody refers to the rights and legal authority of a parent to make major decisions concerning the child. Essentially, the parent with legal custody will make decisions about the child’s education, medical care and emergency treatments, religious training, extracurricular activities, welfare, and joining the military. 

Joint Custody vs. Sole Custody

Furthermore, physical and legal custody may either be joint or sole. In joint custody, both parents will be involved in making major decisions that affect the child’s life and upbringing. However, in sole custody, only one parent will have the authority to make all major life decisions that affect the child.  

Essentially, New Jersey courts often favor both parents’ participation in the child’s life and upbringing. However, sole custody may be awarded if one parent is considered unfit or incapable of taking care of and making crucial decisions affecting the child’s life. 

Factors Considered in Determining Custody

Additionally, the New Jersey courts will consider the different factors below in order to make custody decisions based on the child’s best interests:  

• The parent’s ability to cooperate, communicate, and agree in matters affecting their children
• The age and number of all their children
• The needs and safety of the child
• Whether the parents live far or close to each other
• The child’s relationship and interaction with both parents and siblings
• The willingness of the parents to accept the custody terms and allow the other parent’s visitation
• The continuity and quality of the child’s education
• The extent and quality of the time each parent has spent with the child before and after the couple separated
• The child’s reasonable preference
• The ability of either parent to offer a stable home environment
• The employment responsibilities and fitness of the parent
• Any history of domestic violence, abuse, or child neglect in the family
• Any other factor considered necessary by the court

An experienced child custody attorney can help file your petition and represent you diligently at the hearing in pursuit of the most favorable outcome. 

Modifying an Existing Child Custody Arrangement

However, child custody arrangements are not fixed and unchangeable. 

To modify a child custody agreement in New Jersey, the requesting parent can:  

• Seek the consent of the other parent and present a new agreement to the court, or  
• File a post-decree motion with the court and show that there has been a “substantial change in circumstances” since the last order was established.  

Some common examples of a substantial change in circumstances include job loss, domestic abuse, violating custody terms, major relocation, changes in work schedule, and drug abuse in the child’s presence.