Frequently Asked Questions About Child Custody Laws In NJ

What is Physical Child Custody in NJ?

Physical child custody is also known as residential custody. A child lives with the parent who has physical custody. The parent who the child lives with is called the Parent of Primary Residence (PPR).

What is Sole Physical Child Custody in New Jersey?

A parent may have sole physical custody of the child, meaning that the child lives only with one parent. In this arrangement, the child often has visitation time with the other parent, but does not stay overnight.

Can We Have Joint Physical Child Custody in NJ?

Yes, in New Jersey parents can share physical custody. The child will split time equally between both parents’ homes. A common example of this custody arrangement has a child living with a parent for a week, and then living with the other parent the next week.

What is Shared Physical Child Custody in New Jersey?

Shared physical custody is when a child spends two or more nights with each parent per week.

What is Legal Child Custody in NJ?

A parent with legal child custody means that they have the right to make important decisions about the child’s life. Decisions like when the child goes to the doctor and where they go to school are the responsibility of the parent with legal custody.

Can We Have Joint Legal Custody?

Yes. The preference for the courts is to have parents continue to jointly make decisions for their children if at all possible. If the parents are able to work together as parents, they can share joint legal custody of their child.

What is Sole Legal Custody?

Sole legal custody means that one parent has the right to make important decisions for their child. It is often used when parents have difficulty co-parenting and tend to argue over every decision relating to their child. There, the courts prefer to avoid that type of conflict and will grant sole custody to one parent.

Can My Child Decide Which Parent To Live With?

Maybe. One of the factors a court will look at in determining child custody is the child’s preference, if he or she is of an appropriate age and able to form an intelligent choice.

Can I Modify My Child Custody Arrangement?

Yes. Child support can be modified if there has been a change of circumstances. A motion must be filed with the court to effectuate the change.

Can I Receive Emergency Custody of My Child?

In circumstances where there is an immediate chance of danger to the child a parent can receive temporary physical custody of the child. In cases of abuse by the parent that a child lives with, courts will routinely transfer custody to the other parent. These emergency custody transfers are usually temporary until a full hearing can be conducted to determine if a permanent change to custody is necessary.

Peter Van Aulen Is certified by the New Jersey Supreme Court as a matrimonial attorney. If you have any questions about child custody laws in NJ, call the Law Offices of Peter Van Aulen for a free initial consultation at (201) 845-7400.

 

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Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

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