One of the most difficult aspects of divorce for those with children is the ensuing custody battle. Unfortunately, both parents may want to spend as much time as possible with the child, which can lead to disputes regarding how to divide parenting time. As such, the court may intervene to issue a custody decision. However, there are a considerable number of factors they will take into consideration when making this decision, so understanding what to expect is in your best interest. The following blog explores what you should know, including the different types of custody arrangements, as well as why working with Morris County child custody lawyers is in your best interest during this process.

What Are the Different Types of Child Custody?

When a couple that shares a child files for divorce or breaks up, determining how to divide custody can be incredibly difficult. As such, understanding the different options is critical. In general, there are two forms of custody that can be awarded. The first is physical custody. This refers to where the child lives and which parent is responsible for their daily care, including driving them to school, providing food, getting medical care when necessary, and ensuring the child’s general needs are met. The other form of custody is legal custody, which determines the rights of a parent to make important decisions on the child’s behalf, such as where they go to school, what religion they practice, or what medical care they receive.

It’s also important to understand that custody is awarded on a joint or sole basis. As such, if you and your child’s other parent are granted joint custody, you will share parenting time and must agree on important legal decisions. However, if you are granted sole custody, you will be the primary caretaker and sole decision maker for the child.

What Elements Will the Court Consider When Making a Decision?

When determining the outcome of a custody case, the courts examine a considerable number of factors. This is because New Jersey courts, like other states, adhere to the “child’s best interest” standard, which prioritizes the health, safety, and happiness of the child above all else. As such, the courts will consider the following:

  • The age and health of each parent
  • The income and job demands of each parent
  • Any allegations of child abuse or neglect
  • Any allegations of substance abuse
  • The criminal histories of each parent
  • The willingness of the parents to coparent
  • Where each parent lives in relation to one another
  • Where each parent lives in relation to the child’s school, community, and extracurricular activities
  • Who the child’s primary caretaker was prior to the divorce
  • The ability of each parent to provide a safe and stable home
  • Any other factors the court deems relevant

As you can see, custody is not a decision that is made lightly. That is why it’s critical to connect with an experienced attorney to explore your legal options and fight for the best outcome for you and your family. At Leslie Law Firm, LLC, we understand that this can be incredibly overwhelming. That is why we will do everything in our power to help you achieve the best possible outcome for your circumstances. Call our office today to learn more.