Child custody laws are notoriously difficult for many couples seeking a divorce, so it is important to make sure that you have the assistance of an experienced family law attorney. In general, child custody laws determine a child’s primary residency with one parent, rules for visitation rights, requirements that the parents must follow for the custody agreement, and possible child support payments. Child custody legislation is broadly defined under the Uniform Child Custody Act (UCCA), which all 50 states adopted.
Child custody legislation in New Jersey is a little more specific than the general ruling, so here’s what you need to know if your divorce settlement involves care and custody of the children:
- “Custody” is defined as legal responsibility for the care and wellbeing of another individual. In the case of a dissolution of a marriage, it applies to the care and wellbeing of a couple’s child. There are technically two types of child custody:
- Legal custody: This gives a parent the right to make legal decisions for the child, such as medical decisions, where the child will go to school, and whether the child should be raised under a certain religion.
- Physical custody: This refers to where the child lives on a regular basis. Sometimes one parent has primary physical custody and sometimes parents share physical custody equally.
- Some couples choose to settle child custody agreements outside of the courtroom simply because the process is easier. This is the same logic that many couples apply to a divorce settlement; around 95% of all divorce cases are settled outside of the courtroom, and over two-thirds of all couples who choose mediation over conventional divorce proceedings say that they are pleased with the process. If both parents are willing to work together, settling a child custody case can work in a similar way.
- There are several factors that child custody attorneys and courts will consider when awarding custody to one (or both) parents. These factors include the financial stability of the parents, the stability of both home environments, each parent’s responsibilities outside of the home, involvement of siblings or other close relatives, and the preference of the child (if the child is at least 12 years old). All in all, the decision is made based on what is in the child’s best interest.
- Child custody is usually part of the process of a divorce case if both parents are getting a divorce. The process of filing for custody is not the same in every case, because so many factors are involved — and also because not every custody case proceeds alongside a divorce case. The typical divorce case lasts around one year. This much turmoil — stretched for so many months — can be very disruptive for a child’s growth.
To understand what will be required for your case, it is important to talk with an experienced attorney.