Understanding all of the jargon used to discuss divorce cases can often be one of the most overwhelming first steps. When it comes to child custody and child support, several words and phrases have very specific definitions and implications in the eyes of the court. Before you can understand exactly what New Jersey child custody and child support laws mean, it is imperative to comprehend some of the most relevant terminology used.
With that in mind, here is a quick look at some of the most important terms and phrases you will need to know going forward:
Physical Custody vs. Legal Custody
In some cases, one parent will have both physical and legal custody of their child; in other cases, one parent has physical custody while the other has legal custody. Physical custody allows the parent to make choices about where the child will live, and this parent is responsible for providing for the child. Legal custody gives the parent rights to make decisions about things like medical care, religion, and education.
Joint Custody
Many divorced couples choose to arrange a joint custody agreement because this allows the child to spend time equally with both parents. In divorce cases and child custody cases where the parents work together well, joint custody can be a great option. In other cases, the specifics of this agreement can end up causing more stress for the child than the parents intend.
Split Custody
This is sometimes considered another type of joint custody, and it is another option for divorced couples who have more than one child. In a split custody decision, one parent has custody of one child, and the other parent has custody of the other child.
Primary Caretaker
It is possible that the court could determine a primary caretaker who is not the sole parent with custody. Being a primary caretaker involves providing the basic needs of the child. Certain things — like preparing meals, providing clothing, and ensuring that the child is educated — can all fall under the responsibilities of a primary caretaker.
Divorces are more common than you might think, and child custody cases are also very common. It is estimated that around 10% of the U.S. population is divorced, and around 1.5 million children see their parents get divorced every year. Even if your divorce settlement is complicated, it is important to make sure that your children are given the utmost care.