Types of Child Custody in New Jersey

Child custody is often a contentious issue in New Jersey divorces. While we urge clients to put aside the differences with the child's other parent and act in the child's interest, sometimes it is not possible.

According to the State of New Jersey, both parents have equal custody rights. Understanding the types of child custody will help.

Physical Custody

Physical custody, commonly called residential custody, addresses where a child will spend more time each week. In some cases, one parent will be awarded physical custody. That parent is called the custodial parent or primary caregiver.



Legal Custody

The most important factor in a custody case is often legal custody. Legal custody gives a parent the right to make significant decisions for the child. Retaining legal custody rights are fundamental. In fact, most cases end in a joint legal custody arrangement. Under severe circumstances, a parent can be left without legal custody.

Sole Custody

Sole custody is when one parent is awarded both legal custody and physical custody. This often occurs when the other parent is deemed unfit to act as a guardian or must move away. However, the parent without sole custody still has visitation rights.  

What matters?

Courts consider many factors when deciding what is in the child's best interest when awarding custody.

Some factors include:

1. Parental cooperation
2. Communication between parents
3. The bond between the child and each parent
4. Needs of the child
5. Homelife/stability
6. Academics

If you are dealing with a custody issue, the attorneys at Gray Law Group have years of experience navigating the stressful nature of divorce/separation and children. We offer a free consultation to discuss your situation and the options you have. Contact us today to schedule a strategy session.