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Types Of Child Custody

Our New Jersey Child Custody Attorneys Know How The System Works

Child custody in New Jersey can take different forms. And depending on the needs of you and your family, certain types of child custody arrangements might be the right choice for you. That’s why it’s critical that you understand how child custody works, and which custody arrangement works best for you.

Our New Jersey child custody attorneys at Williams Law Group, LLC can help. We have years of experience helping families develop child custody solutions that work best for parents and children. As your lawyer, we will work tirelessly to find the best solution that addresses the most important issues for your family.

“This firm specializes in custody cases.”

– Christina P.

What Are Different Types Of Child Custody?

While there are many different child custody arrangements, the most common types of child custody include one or sometimes a combination of the following types of custody:

Below, you can learn more about all these different types of custody, as well as common terms often used in reference to child custody cases in New Jersey. And if you have a question about your child custody case, simply contact our New Jersey law firm to learn more about how we can help you.

Custodial Parent vs. Non-Custodial Parent

Child custody cases often use specific legal terms when referring to each parent. One is often called the custodial parent, the other is known as the non-custodial parent.

What is a Custodial Parent?

The custodial parent is considered to have primary time with the child and provides their principal residence. The custodial parent (sometimes called managing conservator) makes most of the legal decisions about a child’s welfare and is primarily responsible for the child’s day-to-day upbringing.

Although the child may spend time with the other party, the custodial parent provides the primary home and typically has more than half of the parenting time. Even if both parents share legal custody, the custodial parent makes most of the day-to-day decisions for the child, including what they do on a daily basis, what they eat, and what moral or religious activities they participate in. If the parties do not agree on an important matter, the custodial parent has priority.

What is a Non-Custodial Parent?

The non-custodial parent (sometimes called possessory conservator) does have legal rights as well regarding the child’s upbringing. However, the child does not live primarily with the non-custodial parent and only sees them on a limited basis, often according to a pre-arranged child visitation rights schedule.

The non-custodial parent has less substantial decision-making abilities and parenting time with the child. Today, there is far more flexibility afforded to non-custodial parents in New Jersey, but they still normally get less than half of the parenting time with their child.

Key Factors in Child Custody Cases

To maintain custody, both parents must be able to minimally provide for the child’s shelter, food, clothing, and other necessities. A court also considers several other factors when determining the type of custody arrangement to put in place. These factors may include:

  • The work patterns of both parents.
  • Where the child thrives (the “best interests” of the child).
  • If a parent is unfit to care for the child due to health, substance abuse, or economic reasons.

Legal Custody

Legal custody is the power to make decisions for the health, education, and welfare of the child. This could include choosing the school they attend and whether it is private or public, or deciding if they should undergo any medical procedures. The custodial parent is also invested with a right to make religious decisions for their child. Both parents generally have equal entitlement and are presumed to be able to share joint legal custody unless one is found to be unfit.

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Physical Custody

Physical custody is what most people think of when they say and hear the word custody. In New Jersey, this type of custody refers to where the child resides the majority of the time. It can be primarily with one parent, or it can be shared equally between the parents, depending on what they agreed to or what a court ordered. Parents going through divorce proceedings will often retain a local attorney with experience in child custody law to help argue their case for maintaining decision-making abilities and time with their child.

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Sole Custody

Sole legal custody means one parent has the unilateral right to make decisions regarding the child without needing approval from the other. However, someone with sole legal custody must still notify the other parent of their reasons for taking certain actions or any important updates regarding the child.

One example is any change in medical status. When a parent who has sole legal custody changes medical providers, they do not need the other parent’s approval. However, they do have to inform the other parent of the decision because that party has a right to petition the court if they disagree.

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Joint Custody

As the name suggests, joint custody means that both parents have equal power when it comes to making legal decisions on their child’s behalf. As a result, there’s less of a custodial parent and non-custodial parent relationship, where one parent has more say in legal issues involving their children. Instead, both parents are actively and evenly involved in the decision making process for their children.

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Shared Custody

While many people use terms like joint custody and shared custody interchangeably, these are two distinctly different forms of child custody. Shared custody refers to how much time in general a child spends with each parent. Under a shared child custody agreement, both parents have agreed to share their time with the child as equally as possible. In other words, the child ideally spends 50 percent of their time with one parent and 50 percent of their time with the other parent.

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More About Legal Rights & Child Custody

Any person with legal standing to a child has the right to assert that something is not in the child’s best interests. This means that non-custodial parents may raise issues even though the person who has sole legal custody is ultimately the final decision-maker. Sole legal custody is rare in the state of New Jersey. It is only employed when a parent:

  • Is deemed unfit due to a mental health issue.
  • Suffers from an uncontrolled disease or disorder and poses a risk to the child.
  • Has substance abuse problems and is not in remediation.
  • Is at risk of relapse.
  • Has been found guilty of physical, sexual, or emotional abuse.

Call a New Jersey Attorney to Learn More About the Types of Child Custody

Custodial arrangements can take many different forms and must account for various nuances under state child custody laws. If you are a parent dealing with child custody matters, a knowledgeable attorney can work with you to find what type of child custody arrangement in New Jersey may be suitable for you. Contact us today to learn how our New Jersey child custody lawyers can help assert your parenting rights and protect your time with your child.

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