You may have known for quite some time now that there was no path toward resolving your differences with your spouse. However, you may have tried every last effort to salvage your marriage for your child’s sake. But now that the reality of divorce has set in, you may be fearful that your access to your child will be minimized in the decided-upon child custody arrangement. Well, please read on to discover what factors the New Jersey family courts generally consider before making these decisions and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can help advocate for your case.
What custody arrangement is usually decided upon?
The New Jersey family courts work under the belief system that the best custody arrangement is the one that works in the child’s best interest. With that, it is typically in the child’s best interest to still spend meaningful time and maintain a strong relationship with both parents post-divorce. And so, the court tends to land on a joint custody decision.
Here, both parents may evenly, or close to evenly, split the time during which the child is under their direct care. This may be coordinated with alternating days, weeks, or whatever schedule best tailors to the child’s needs and each parent’s availability. Also, both parents may have an equal say in decisions concerning the child’s life, whether it is their education, healthcare, religion, or otherwise.
What factors do courts consider in child custody decisions?
With all things considered thus far, the New Jersey family court will look into your specific circumstances to determine whether a joint custody arrangement is in your child’s best interest.
If not, they may decide on one parent getting sole physical custody and both parents getting legal custody, one parent getting sole custody overall and the other parent gets supervised visitation rights, or otherwise. Without further ado, below are the important factors that carry weight in this ultimate decision:
- Each parent’s already-established relationship with the child.
- Each parent’s willingness to accept physical and legal custody responsibilities over their child.
- Each parent’s capability to provide their child with a safe, stable home environment while under their care.
- Each parent’s capability and willingness to acknowledge and act in their child’s best interests.
- Each parent’s capacity to meet their child’s special education and healthcare needs, if applicable.
- Each parent’s history exhibiting signs of parental unfitness, if applicable:
- Any history of domestic violence.
- Any history of drug or alcohol abuse.
- Any history of child abduction or kidnapping.
- Any history of child abandonment or desertion.
- Any history of incarceration or institutionalization.
If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a competent Bergen County family law attorney. Our team at McNerney & McAuliffe wishes to aid you during this difficult point in time.