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If you are granted sole physical custody over your child, that means that your child will primarily reside with you and occasionally visit their other parent. And if you are also granted sole legal custody, you will also have the final say on decisions concerning your child. For many parents, the hardest part of divorce is not the loss of companionship, but rather the impact this will have on raising a child. Rather than growing up in one home, they will have to split time between both households. For children, especially younger children, this can be an overwhelming experience. Understandably so, you may have your reasons as to why you do not want to share such control with your former spouse. Continue reading to learn the chances of being granted sole custody and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help you fight for the right settlement.
Under what conditions is sole custody granted in a divorce case?
It is not commonly seen where a New Jersey family court decides to grant one parent sole custody over a child. Simply put, it is rather unlikely that the court will grant you sole custody rights, especially if your former spouse expressly objects to this petition. This is because New Jersey courts often carry the belief that the child would benefit the most from having both parents maintain active involvement in their lives. Additionally, New Jersey courts believe that both parents have equal custody rights, meaning that one parent will not automatically be favored over the other. This is to say that, more often than not, the court orders joint custody, meaning that you and your former spouse both share physical and legal custody. However, it is worth mentioning that joint custody does not automatically assume a 50/50 arrangement.
Therefore, the court may only lean toward a sole custody decision under extreme circumstances, such as when a child’s well-being is a point of concern due to one parent’s parental unfitness. However, it’s important to understand that in New Jersey, the courts will prioritize the best interests of the child rather than the wants and wishes of the parents. As such, if the court finds your claims of lack of parental fitness to be founded, it may favor your claim for sole custody rights. However, the courts will also consider what is best for the child, meaning the court may grant your former spouse supervised visitation rights. More specific examples of parental unfitness read as follows:
- One parent has a court record showing criminal convictions or domestic violence charges.
- One parent is unable to offer a safe or stable home environment.
- One parent has a history of child abuse, endangerment, or neglect, or a notable lack of parental involvement for the majority of the child’s lifetime.
- One parent has a history of being institutionalized for a mental illness.
- One parent has a history of drug or alcohol abuse, recent substance abuse, or other addiction issues.
- One parent has a history of domestic violence against a former spouse, a child from a previous marriage, or the child in question.
What can I do to fight for sole custody after my divorce has been settled?
It is almost expected to undergo personal changes in your life post-divorce. At the same time, it is natural to endure growing pains in your parenting as you navigate your new life as a single parent. But through it all, your child’s best interest must be continually met.
So say, for instance, that you and your former spouse were granted joint custody over your child. Further, say that your former spouse made life changes for the worse (i.e., habits of parental unfitness) that are subsequently threatening your child’s safety while under their care. Well, in this case, you may file a petition with the New Jersey family court for a post-judgment modification. And if the court agrees that your former spouse is no longer parentally fit, you may achieve sole physical and legal custody over your child.
There is a lot to be considered with filing a post-judgment modification or pursuing this argument in your upcoming legal proceedings. So please initiate a conversation with a skilled Bergen County family law attorney as soon as possible. Rest assured, our team at McNerney & McAuliffe is awaiting your phone call and will guide you toward the best decision. Contact us today to learn more.
