Custody/Parenting
Time
The Three Most-Frequently Asked Questions About
Custody/Parenting Time
- What Are The Different Types Of Child Custody And What Do They Mean?
- How Does A Court Decide Which Parent Will Get Custody?
- If I Have Physical Custody, Can I Move With The Child?
1. What Are The Different Types Of Child
Custody And What Do They Mean?
There are two different types of custody, legal custody and residential or physical
custody. Often, parents are awarded joint legal custody. An award of joint legal custody
signifies that both parents have a say in major decisions affecting the education, health
and welfare of their child. Unless each parent has about the same amount of overnight time
with the child, the parent with the most overnights is often designated the "parent
of primary residence." The parent of primary residence is usually responsible for the
day-to-day decisions affecting the child.
2. How Does A Court Decide Which
Parent Will Get Custody?
When determining which parent should receive custody of a child, the court must decide
what is in the "best interests" of the child." The New Jersey Legislature
has directed that the court consider the following factors, in order to make that
determination:
- The parents' ability to agree, communicate and cooperate in matters relating to the
child.
- The parents' willingness to accept custody.
- Any history of unwillingness to allow visitation not based upon substantiated abuse.
- The interactions and relationship of the child with its parents and siblings.
- Any history of domestic violence.
- The child's safety and the safety of one parent from physical abuse by the other parent.
- The child's preference, if the child is old enough to make an intelligent decision.
- The needs of the child.
- The stability of the home environment offered.
- The quality and continuity of the child's education.
- The fitness of the parents.
- The geographical proximity of the parents' homes.
- The extent and quality of the time spent with child prior to/subsequent to the
separation.
- The parents' employment responsibilities.
- The age and number of children.
3. If I Have Physical Custody, Can I Move
With The Child?
The answer to this question depends where you want to move. If you are moving to a
location reasonably close to your current residence, there should be no problem. If you
are seeking to relocate far away from your current residence or outside the State of New
Jersey, and the non-custodial parent does not provide consent, you will need to make an
application to the court to seek permission to move.
Within a reasonable time after you make your application, the court will conduct a
trial on the issue. The more time the non-custodial parent (also called the parent of
alternate residence) spends with the child, the more difficult it may be for a custodial
parent to move far away, because such a move may interfere with the non-custodial parent's
parenting time. This is particularly true if the non-custodial parent has a lot of
overnight parenting time with the child.
As part of your application, you will need to present some evidence that the request
for the move is made in "good faith" and that the move will not be inimical to
the best interests of the child. You will also need to propose a parenting time plan for
the non-custodial parent, to show the court that the relationship between the
non-custodial parent and the child will be preserved as best as possible under the
circumstances.
To speak with a New Jersey Child Support Attorney or Family Law Attorney, call
973-455-1220. |
