When a married couple enters into divorce proceedings, there are a number of issues that must be resolved before the marital union can be dissolved. Issues such as property division, spousal support, child support, and child custody must be settled by the couple either through mutual cooperation or the courts. It may be extremely difficult for divorcing spouses to reach an agreement in regard to child custody. In the majority of cases, divorcing couples are not able to reach mutually agreeable settlements without the help of an objective third party, such as an attorney, as well as the courts. When issues regarding child custody arise, parents should seek the assistance of a New Jersey child custody lawyer.
Elements of Child Custody Cases
Child custody deals with more than with whom the child will after the divorce is finalized. There are many issues that must be considered regarding child custody. Four of the main issues of child custody are:
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Sole custody
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Joint custody
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Legal custody
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Physical custody
A parent can be granted either sole legal custody or sole physical custody of a child. If one parent is deemed by the courts to be unfit, the other parent will likely be awarded sole custody. A parent can be unfit due to child abuse, child neglect, or drug or alcohol dependency. Even in cases in which sole physical custody is awarded to one parent, the court often awards joint legal custody to both parents.
Joint custody is sometimes referred to as shared custody. Joint custody can take the form of joint legal custody, joint physical custody, or joint legal and physical custody. Joint custody is considered the ideal circumstances for the children unless one parent is deemed unfit. Joint custody allows both parents to make decisions regarding their children and be involved in their children's lives in many ways.
Legal custody involves the parents rights and obligations to make decisions regarding the child's education, medical care, and overall well-being. Legal custody can be awarded to one parent or joint legal custody may be awarded as well. With joint legal custody, a parent cannot be excluded from the decision making process in regard to the child.
The parent that is awarded physical custody will have the right to have the child live with him or her. A parent may be awarded sole physical custody or joint physical custody may be awarded to both parents. In cases of sole physical custody, the non-custodial parent is typically awarded visitation rights. With joint physical custody, the child will have the opportunity to spend significant amounts of time with both parents in their respective homes.
Hiring a New Jersey Child Custody Attorney
In order for parents to ensure their rights and obligations are protected and considered, they need to be represented by a skilled NJ child custody lawyer. A NJ child custody attorney will work with the parents to determine what is best for the children and everyone involved. An attorney will encourage parents to work in a cooperative manner to resolve child custody issues. If a mutually acceptable agreement cannot be reached, an attorney can represent the parent in a court of law.
