Family-Focused, Compassionate Representation

The Types Of Custody

In New Jersey, the Court must consider various types of custody arrangements. In making a custody determination the Court must be guided, first and foremost, by the best interest of the children. There are two types of custody, legal and physical. Legal custody permits the parent/parents to make major decisions such as health, education and welfare for children. Physical or residential custody is the parent or parents with whom the child resides and will make day to day decisions.

The Courts in New Jersey favor Joint legal and joint residential custody arrangements as these types of custody best foster a relationship between the children and their parents. With joint legal custody both parents share making major decisions for the children. With joint residential custody the parents equally share parenting time with the children. Joint residential custody can be accomplished by the parents alternating weeks with the children, alternating every three or four days or some other agreed upon arrangement. Joint residential custody is effective when parents live in close proximity to each other. If they do not live close to each other, one parent would be designated at the Parent of Primary Residence and the other Parent would be designated as the Parent Alternate Residence. In this arrangement the Parent of Alternate Residence will typically have parenting time every other weekend and a mid-week dinner visit or overnight visit.

In considering an award of custody the court must consider the facts set forth in the statute. The factors include:

  • The best interests of the child
  • The parents’ ability to communicate and cooperate
  • The number of children and their ages
  • The child’s relationship with each parent
  • Any history of domestic violence between the parents.
  • The stability of each parent’s home
  • The fitness of the parents
  • The distance between the parents’ homes
  • The employment responsibilities of each parent
  • The specific needs of the children
  • Any physical abuse against children

If there is a custody dispute the parties will often hire an expert to evaluate and make a recommendation regarding custody. The parties will also attend mediation with their attorneys to resolve the custody issue. Our attorneys will assist you in hiring the best psychological expert for your case. They are with you every step of the way, guiding you through the process and leading you towards a resolution.

At Wernik & Salvatore, we will handle your child custody case with the same diligence and dedication we bring to every case. In all cases involving child custody disputes, child visitation rights, joint custody petitions or issues of shared parenting, the court looks to the best interest of the child. We can be your advocates in protecting your rights to see your child. As lawyers who focus on settlement and mediation, we hope to resolve custody matters through negotiation and mediation and not litigation. However, if that is the best option available, we will aggressively represent you at trial and hire any necessary psychological experts to assist the court.

Get In Touch With Our Firm Today

For more information on our child custody practice, or to schedule an appointment, please get in touch with our firm today. Call our Hazlet child custody lawyers at 732-848-1770 today. You can also send us an email.