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How To Deal With Child Custody and Parenting Time in New Jersey

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How To Deal With Child Custody and Parenting Time in New Jersey

September 7, 2021

How To Deal With Child Custody and Parenting Time in New Jersey

Navigating a divorce can leave you with a lot of questions regarding child custody and parenting time. Here are a few of the most common child custody questions that we receive:

What Does Child Custody Mean in New Jersey?

Child custody refers to the legal rights that you have as a parent. It may also determine where the child spends the majority of their time. Child custody may include:

  • Sole custody: Sole custody is when one parent has exclusive custody of the child. This means that one parent makes all decisions for the child.
  • Joint legal custody: Joint legal custody is when a child primarily lives with one specific parent. That parent makes most of the day-to-day decisions. The non-custodial parent typically has visitation rights and is involved in making bigger decisions, like healthcare or educational decisions.
  • Shared legal and physical custody: Shared legal and physical custody means that both parents share legal and physical custody.

It’s important to know the difference between legal and physical custody. Legal custody refers to the legal rights of parents. This is typically who has the legal rights to make important decisions for a child. If legal custody is shared, then both parents must be involved in the decision-making process. Physical custody refers to where the child spends most of their time. This is the person who is responsible for providing them with shelter and ensuring the child is cared for daily.

How Can I File for Legal or Physical Custody in New Jersey?

One of the biggest concerns during a divorce is who will get physical or legal custody of the child. You can file for physical or legal custody in New Jersey with the family division of the county in which the child lives. If you’re filing for divorce, this may already be considered and included in your case.

What is Emergency Custody?

Emergency custody allows a parent to skip the legal process that is often involved with child custody cases. This is reserved for when a child’s safety is at risk. If you do receive approval of an emergency custody order, it will be temporary and will usually require that you return to court within 10 days.

How Do I Regain Custody of My Child?

If a court has already issued child custody to the other parent, you may have options available to regain your parenting rights. The court will require that you provide evidence that supports why you deserve to regain custody.

How Do I Find Out Who Has Custody of My Child?

In some cases, you may not know who has legal custody of your child. You can file a case with the court requesting a determination of custody. However, this needs to be done in the county in which your child lives.

Why Should I Hire a Child Custody Lawyer?

No legal two cases are the same, especially when it comes to divorce and child custody. A child custody lawyer can help you navigate the complexities of the New Jersey legal system. They can help you file the appropriate paperwork and better understand your custody options, rights, and legal requirements that may be involved with each option.

Contact an East Brunswick Family Law Attorney for a Consultation About Child Custody and Parenting in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Rudnick, Addonizio, Pappa & Casazza PC represent clients throughout the state, including Middletown, Howell, Marlboro, and Manalapan. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (732) 264-4400 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at Park Village, 25 Village Court Highway, #35 Hazlet, NJ 07730, as well as an office located in East Brunswick, NJ.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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