The Different Types of Child Custody in New Jersey

Posted July 11th, 2016 by .

Categories: Family Law.

child custody types anthony carboneOne of your main concerns when dealing with a divorce is what will happen with your children. Who will they live with? Will the other parent get visitation rights? Will you receive child support payments? All legitimate concerns for any parent and sometimes, these questions can be difficult to answer. Especially if you’re not aware of the child custody laws in New Jersey. That’s why you should educate yourself about the different types of child custody before proceeding with your divorce.

In New Jersey, custody can be divided into two different categories: legal custody and physical or residential custody. Legal custody gives the parent the right to make major decisions in the child’s life, such as health and educational decisions. Physical custody means the child will be living with the parent. These categories can be broken down even further:

  • Sole physical custody: The child will live with one parent for the majority of the time. However, the child will be able to stay with the other parent for less than two nights per week, plus some vacation and holiday times. In this type of custody, the non-custodial parent will have visitation rights, also called “parenting time.”
  • Shared physical custody: The child will be able to live with both parents for more than an overnight trip. It’s similar to joint custody where parents have equal time with the child.
  • Joint legal custody: The parents have an equal say when it comes to decisions about the child. For instance, if one parent wants to move the child to another school, the other parent has a say in the matter.
  • Sole legal custody: Only one parent can make decisions about the child’s life. This type of custody is pretty unusual; it occurs if the other parent in unavailable or has been deemed as an unfit parent by the courts.

If you are going through a divorce or need assistance in your child custody arrangements, we can help. Contact the Law Offices of Anthony Carbone now for a free consultation.

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