How Can I Get Physical Custody?

Fighting for Physical Custody

Physical custody gives you the right to have your child live with you. Physical custody, also called residential custody, can be shared if both parents are able to have the child live with them. In some cases, however, physical custody is granted solely to one parent, the primary caretaker. If you want physical custody of your child, there may be steps you can take to help you prevail in a custody action. Speaking with an experienced New Jersey custody attorney can give you a better idea of what you need to do to get physical custody, but here are some things you should know:

The court is unlikely to grant physical custody to a parent who is unable to meet the child’s needs, especially with regards to their living arrangement. For example, if one parent were unable to provide a safe and healthy home environment for the child, the court will likely grant the other parent custody. One of the many factors the court will consider when deciding on physical custody is what arrangement will give the child the most stability. Stability in the household is very important for children. The courts do not want to see children exchanged between two parents in a way that is detrimental. In many cases, one parent will be granted physical custody, and the other parent will get appropriate parenting time, also referred to as visitation. This allows the child to have a stable and constant home environment but still spend time with the other parent.

If you feel it is in your child’s best interest to live with you, speak with a custody attorney about your options. Depending on whether you already have a standing custody arrangement, you may need to initiate a custody action with the court if the other parent does not agree with your proposed physical custody arrangement. You may need to mediate the matter or continue to trial. If the other parent has physical custody, you will also have to demonstrate why this particular arrangement is not in your child’s best interests. If you are seeking shared physical custody, you will need to demonstrate that the division between your two houses will not be detrimental to your child. In either case, you could face some adversity in the process. A skilled New Jersey custody attorney can advise you of your rights and help you do what it takes to get a custody arrangement that is in the best interests of your child. 

Do you have questions about residential custody? Williams Law Group, LLC has the experience and skills needed to help you protect your child’s interests and your rights in any custody action. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.


Let us know how we can help
Contact Our New Jersey Family Lawyers Today