Child custody is one of the most challenging aspects of a divorce, and many misconceptions surround the process. It’s important to understand how custody decisions are made and to separate fact from fiction. You may find it helpful to clear up some common misconceptions about child custody during a divorce.
Mothers always get custody
One of the biggest misconceptions is that mothers always receive custody of the children. In New Jersey, courts do not automatically favor mothers over fathers. Instead, they make custody decisions based on what is in the best interest of the child. Both parents have an equal opportunity to receive custody, and the court considers factors like each parent’s involvement, stability, and ability to provide a safe environment.
Children can decide which parent to live with
Another common misconception is that children can choose which parent they want to live with. While the court may consider a child’s preference, especially if the child is older, the final decision rests with the judge. The judge considers the child’s wishes along with other factors, such as the relationship with each parent, the child’s needs, and each parent’s ability to meet those needs.
Joint custody means equal time with both parents
Many people believe that joint custody always means the child will spend equal time with both parents. In reality, joint custody can refer to legal custody (decision-making power) or physical custody (where the child lives). Even if parents share joint physical custody, the time spent with each parent might not be exactly equal. The court aims to create a schedule that works best for the child’s needs, which may not always mean a 50/50 split.
Only one type of custody arrangement exists
Some people think that there is only one type of custody arrangement, but New Jersey offers different options. Legal custody refers to the ability to make important decisions for the child, while physical custody refers to where the child lives. Parents can share both legal and physical custody, or one parent may have primary physical custody while both share legal custody. Each case is unique, and the court creates an arrangement that suits the child and family circumstances.
Child custody during a New Jersey divorce involves various misconceptions. Understanding the realities of custody can help parents focus on what matters most: the well-being of their children. By learning the facts, you can make informed decisions and work toward a custody arrangement that supports your child’s best interests.
