OCEAN COUNTY JOINT LEGAL CUSTODY

Child Custody Lawyer Brick, NJ

One frequent misconception in the realm of New Jersey child custody is the delineation between legal and physical custody. Custody is divided into two categories: legal and physical. Legal custody encompasses the authority to decide children’s education, health, and religious practices. When both parents have this authority, it is called joint legal custody. Physical custody, or residential custody, pertains to the number of overnight or day visits the children have with each parent. Joint physical custody typically involves one parent having at least 104 yearly overnight visits.  Some parents opt for a plan that more closely resembles a 50/50 split, dividing the year as equitably as possible. Most parents mistakenly assume that the Parent of Primary Residence is automatically awarded Sole Legal Custody, when in fact, the opposite is true: both parents are usually awarded Joint Legal Custody. The Court’s standard in New Jersey is to award Joint Legal Custody unless there are substantiated claims of abuse, substance abuse, or other child-endangering circumstances present.

Joint Legal Custody means that, although the children may not live with the parent, he or she is given the responsibility to make major child-rearing decisions involving medical, educational and spiritual upbringing. When Joint Legal Custody is granted, both parents must work together to co-parent their children.

Although Joint Legal Custody is the standard in New Jersey, as mentioned above, there are extenuating circumstances which beget different rulings by the Court. The New Jersey Family Court sees custody cases every day. The court’s goal is to make decisions that best benefit the children involved in a way that is practical for the parents. But the courts cannot do it alone. Parents must do their part by working together with their attorneys to create custody arrangements that provide as smooth a transition as possible. The Bronzino Law Firm has experience handling a wide variety of custody matters and will be able to assist you in getting the best results for your unique situation.

Shared Responsibilities in Joint Legal Custody Cases

Parents who share legal custody make decisions together regarding their children’s education, health, religion, and discipline (house rules).  Extra-curricular activities such as sports, music, or other interests are chosen by the children in conjunction with both parents.  Health decisions can be broken down into major and minor ones.  Minor decisions like cold medicine to give a sniffling child don’t require much collaboration. However, when the child’s health is significantly affected, both parents should make major decisions.  Events such as piercings, tattoos, and other appearance-altering choices are best done when both parents are on board.  All of these elements of parental choice can be written in an agreement to set clear boundaries.

Factors to Determine if Joint Legal Custody is Appropriate NJ Family Courts

The New Jersey Family Court relies on the best interest standard to make decisions regarding child custody. It is a list of factors used to analyze the preferred environment for the child.  Many factors revolve around the parents’ relationship and attitudes towards one another.  The court considers any history of domestic violence, the parent’s willingness to accept the custody agreement, and to cooperate, communicate, and decide on issues regarding the minor.  The child-parent relationship, as well as the relationship between siblings, is also reviewed.  The safety of the household from abuse and the stability of each parent’s home environment, the material needs of the child, each parent’s mental and physical health, and their fitness as parents, as well as each parent’s employment. The distance parents live from one another, and the quality of the child’s education is also highly valued.  The number and age of the children are also taken into account.  Once a child reaches an age where they can decide for themselves, frequently, the court will take their preference under advisement.

The Legal Shift from Sole to Joint Custody in New Jersey

Before 1981, most states, including New Jersey, viewed joint custody as harmful to children because it did not provide sufficient stability.  When Arthur Beck filed for divorce from his wife, Susan Beck, the trial court that presided over their split awarded them shared custody of their two daughters after it concluded that the girls would benefit from a relationship with both parents.  Susan Beck appealed the decision, and the Appellate Court granted her sole custody, claiming Arthur did not provide sufficient proof to support his claim for shared custody.  Arthur appealed to the New Jersey Supreme Court, which granted him joint custody of the children, citing the Appellate Court’s inaccuracy regarding the evidence Arthur had provided.  The New Jersey Supreme Court began the shift from sole to joint custody as the preferred custody arrangement. It went so far as to say that partial custody benefits children even when the parents do not have a great relationship with each other.

Free Consultation | Brick Family Law Attorney

Even when your relationship with your co-parent is amicable, it is in your best interests and those of your children to work with an attorney who knows best how to handle your custody issues.  Your attorney can anticipate any problems and provide solutions that will protect your rights. At The Bronzino Law Firm, we can work with you to create a custody plan that complies with the law and best serves the needs of your family. Our clients in local Ocean County communities such as Manasquan, Asbury Park, Sea Girt, Toms River, Point Pleasant, Wall, and all of Eastern New Jersey are treated like family members, and it is our job to help you make the decisions you need to meet your family’s changing needs. Call (732) 812-3102 or send an email to schedule a free consultation with an Ocean County Family Law Attorney.