Questions Parents Have About Child Custody in New Jersey
Posted March 4th, 2019 by Anthony Carbone, PC.
Categories: Family Law.
Child custody is an important issue in New Jersey. Parents who are divorced or soon-to-be-divorced are going to have different questions about their children’s future with them. The Law Offices of Anthony Carbone has listed a few of the most frequently asked questions about child custody, along with answering them in the process.
Who Gets Custody of the Children?
In New Jersey, courts are required to make custody decisions based on the interests of your child or children. Your child’s best interests could be a variety of different factors, including age, physical health, mental health, emotional wellbeing, safety, and the distance between each parents’ home.
What are the Different Types of Custody?
In New Jersey, there are a few different types of child custody that divorced or soon-to-be-divorced couples should know about:
- Sole Physical Custody: The child will live with one parent most of the time. However, the child will be able to stay with the other parent for less than two nights per week. This also includes limited vacation and holiday times.
- Shared Physical Custody: The child will be able to live with both parents for more than one overnight stay. Like joint custody, both parents will have equal time with the child.
- Joint Physical Custody: Both parents have equal say when it comes to decisions about their child. If one parent wants to move the child to another school, the other parent will have some say.
- Sole Legal Custody: Only one parent can make decisions about the child’s life. This type of custody is rare, but it only occurs if the other parent is unavailable or has been deemed as an unfit caretaker.
Can My Child Influence the Custody Decision?
This is an important question. In some cases, the court will take into account where the child wants to live. Your child’s age and maturity depend on how much influence they will have in this situation.
While there are no set-in-stone laws to determine how old a child should be when making these decisions, there is an age parameter the court usually abides by.
Courts don’t typically listen to a child under the age of 8 when issuing custody orders. If the child is older than 12 years of age, the court will be willing to listen. This tends to leave a grey area for children between the ages of 8 and 12. Child maturity can help determine influence in the grey area.
What Are My Rights to Child Support?
Both parents have the right to support their children. The custodial parent has the right to ask for child support from the child’s other parent. If that parent does not hold up their end of the deal, this matter will be decided in court.
The parent who didn’t agree to pay must provide proof on why he or she is unable to able to pay. If the evidence doesn’t satisfy the court, wage garnishment or seizure of assets could be the next step.
Contact the Law Offices of Anthony Carbone
Any time you face an issue involving child custody in New Jersey, it’s important to have an experienced family lawyer on your side. For thirty years, the Law Offices of Anthony Carbone has been helping clients in Jersey City and throughout the Garden State solve their custody arrangements. Contact us today at 201-829-3805 to schedule a free consultation.
