Child Custody Law Firm in Cherry Hill, NJ
Child custody may be one of the most potent issues in a divorce. Parents who get divorced may need to address the post-divorce parenting structure. While some parents can set aside their differences and work through alternative dispute resolution for the betterment of their child, others are not able to come together, leading a couple to litigation. It is understandable that, for a parent, the idea that they would not see their child every day after years of consistency can be overwhelming. Many contested cases of child custody stem from a disagreement with what the other deserves. According to the state, both parents have equal rights to custody. The fact that you may have been a stay-at-home parent will not give you a greater entitlement to custody. When facing such a significant legal matter, it is important to consult with an effective legal team that has your best interests in mind. Contact Underwood & Micklin for a consultation to discuss your legal matter.
Physical custody in New Jersey
Physical custody, also known as residential custody, addresses where a child will spend more time per week. For most cases, one parent will be awarded physical custody. This parent is called the custodial parent or the primary caregiver. There are many factors that can impact a case for physical custody.
Legal custody in New Jersey
Legal custody may be the most important factor in a custody case. It is the right for a parent to make significant decisions for his or her child. If you lose physical custody, it is very important that you retain your legal custody rights. For most, this is not an issue. Most cases end in a joint legal custody arrangement. For some, under the most serious circumstances, a parent is awarded sole custody, leaving the other parent with few rights at all.
Sole Custody in New Jersey
Sole custody is the term used when one parent is awarded both legal and residential custody. Sole custody arrangements are rare, usually for the most serious situations. When one parent is deemed unfit to act as a guardian, a court may decide to award the other sole custody. That said, the noncustodial parent still has limited visitation rights. Some of the reasons a person could be considered unfit to parent include a history of substance abuse, a history of violence, incarceration, institutionalization, and more.
Important factors when deciding child custody cases in New Jersey
There are many factors the court will consider when hearing these cases. As always, the child’s best interests will be paramount to the case. Some factors include, but are not limited to:
- The possibility of cooperation by the parents
- The line of communication amongst the parents
- The bond between the child and each parent
- The needs of the child
- Home life and stability
- Academics
- The preference of the child, if appropriate
Contact our South Jersey child custody attorneys
For over 20 years, Underwood & Micklin has been a quality legal resource to clients across the state. Our firm’s commitment to the client’s future is unmatched. We recognize how significant child custody is and how the road ahead may seem overwhelming. Our firm is ready to fight for your future and your familial relationship. Contact Underwood & Micklin for a consultation to discuss your legal matter today.
