Divorce in New Jersey often also includes children. Separating spouses is one thing, but when it comes to dividing time and care of their shared children, the process often gets intense and emotional.
At Johnson & Johnson, Attorneys at Law, we want to provide you with the different types of custody advocated in state courts. By preparing you in advance of the possibilities of each, you can take the appropriate steps to ready yourself for the course your divorce and custody dispute may take.
Joint custody
The courts believe that both parents should play an equal and active role in making decisions for their children. Joint legal custody gives both parents the ability to make medical and educational decisions as well as grants them equal access to records. In this most common custody situation, one parent is typically the primary residential designate for purposes of school zoning only. Both parents work out a visitation agreement that works for all involved. That parent does not have any more rights than the other.
Sole custody
There are instances where one parent may prove unfit to have custody of the children. In these instances, the parent may have a documented pattern of abuse or have run-ins with addiction or legal troubles. The court will do what is in the best interests of the child. If one parent is better able to care for a child, the judge will grant sole legal and physical custody. The court designates one parent to make all decisions for the child. The other parent may have some form of visitation, although depending on personal circumstances, it may not prove significant, or it may require supervision.
Child custody matters can escalate quickly. Our website can provide more insight into the subject.