At the forefront of most divorcing parent’s mind is the care of their children. To determine a child’s post-divorce future, the court will generally examine the totality of the case to evaluate the best living situation for the child going forward.
In addition, the court has the authority to determine child custody arrangements for any children born to unwed parents. Even if a couple was never married, they can ask a court to intervene in any child custody dispute.
An Ocean County child custody lawyer can help you press for the best possible future for your children after a divorce. By working with a professional family lawyer, you can help create a plan that protects both your and your children’s interests.
Factors for Determining Child Custody
Above all else, New Jersey law examines the needs of the child as the paramount concern in any child custody case. In fact, N.J.S.A. §9:2-4a states that the needs and best interests of the child are the chief determining factors in any state court proceeding. As a result, a court will examine the following factors when making a determination for a child custody matter:
- The financial ability of a parent to care for the child
- Stability of each parent’s home environment
- Fitness of each parent to care for the child
- Any history of child abuse or other domestic violence
- The child’s wishes if they are over the age of 12
An Ocean County child custody lawyer can help parents understand the legal concepts behind a child custody dispute. They then can help parents work toward plans that will create the best situation for the children.
Physical vs. Legal Custody in Ocean County
New Jersey has two types of child custody. The one most people think of when picturing custody is known as physical custody. This determines how and where the child will live. Typically, a court will award primary physical custody to one parent. This parent will generally have an obligation to provide for the daily needs of the child while the non-custodial parent will usually have an obligation to provide support payments.
A physical custody order can mandate that the child will live only with one parent, split the living arrangements down the middle, or enact any other arrangement deemed appropriate by the court. In addition, if the parents come to an agreement over physical custody, the court will often accept that plan.
In addition to physical custody, the court will also decide legal custody. This determines which parent has the ability to make decisions concerning the child. Common issues in dispute here include:
- Schooling
- Medical care
- Trips or vacations
- Choice of religion
Similar to physical custody, courts may award legal custody to one parent or split the responsibility between the two. An Ocean County child custody attorney could help determine what works best given the unique circumstances of your case. Reach out to a dedicated lawyer today.
Turn to an Ocean County Child Custody Attorney
The most important matter in any divorce or separation agreement is the custody of any shared children, including both the legal and physical custody of the children. This agreement can affect nearly every portion of the children’s lives until adulthood. Either parent has the right to demand custody of their children. However, a court will always try to make arrangements that they consider to be in the best interest of the child.
An Ocean County child custody lawyer can help parents push for their rights and the rights of their children in Ocean County family courts. This can include the creation of an initial child custody order, as well as settling any disputes over already existing orders. Contact an attorney today to learn more.