The hardest part about getting a divorce from your spouse is probably not your loss of partnership with them but rather what this means for your shared child’s upbringing. That is, instead of your child growing up in a single household with both their parents under one roof, they may have to split their time between two places they call home. Especially if your child is still of a minor age, it may be physically and emotionally overwhelming for them. For this reason, you may want your child to stay with you in the house and area they have grown accustomed to. In other words, you may like sole custody over them. But this may not be enough of an argument for the New Jersey family court to grant you this. That said, please continue reading to learn how hard it may be to get sole custody over your child and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help you better under New Jersey custody laws.
How hard is it to get sole custody in the state of New Jersey?
Simply put, it is rather unlikely that the New Jersey family court will grant you sole custody rights over your child, especially if your former spouse expressly objects to this petition. This is because state laws are under the belief system that a child would benefit the most from having both parents present in their life.
What’s more, the law holds that both parents have equal custody rights. This is to say that, more often than not, the court orders for joint custody. Specifically, joint custody means that you and your former spouse both have physical and legal custody of your shared child. However, it is worth mentioning that joint custody does not automatically assume a 50/50 arrangement.
What do I need to prove to strengthen my argument for sole custody?
Again, while it is likely improbable for you to get sole custody over your child, it is not necessarily impossible. That is, you may cite extreme or unusual circumstances that call for such an order. For example, you may explain how your former spouse is substantially unfit to parent your child. With this, you may present proof of their recent history with substance abuse; criminal record with domestic violence charges; lack of parental involvement for the majority of your child’s lifetime; or otherwise.
Overall, under New Jersey family law, your child’s best interest takes precedence over the position that both parents should actively participate in their life. Therefore, if the court finds your claim of parental unfitness is grounded, they may strongly favor your petition for sole custody rights. However, the court may still grant your former spouse supervised visitation rights, if appropriate and in line with your child’s well-being.
There is a lot to consider before pursuing this argument in your upcoming legal proceedings. To help you make the right considerations, please consult with a skilled Bergen County family law attorney. Rest assured, our team at McNerney & McAuliffe will guide you toward the best decision.
