Physical Child Custody in Hackensack

If you’re reading this, more than likely you have kids, and even more likely, you’re at some step of the divorce process. Having kids is joyous, of course, but also exhausting, worrisome, and oftentimes overwhelming; divorce may be all those things too, but is rarely associated with joy.

Working with the skilled custody attorneys O’Cathain Law Group Family Law Department, we can get you to a place where your divorce, if not joyous, paves the way for a new and better day-to-day life— we can help you Move Forward.

We’re going to look at physical child custody in Hackensack in this piece, so first we’re going to answer the question, what is physical child custody?

Physical Child Custody

Physical child custody, also known as residential custody, is having the kid(s) reside with you at your residence. It differs from legal child custody, which is the right of a co-parent to make the big and important (or small and not-so-important) decisions involving the raising of a child, everything from schooling to medical care to religious choices to relationships with extended family members, or to be involved in those decisions.

Physical Child Custody and Legal Child Custody are not mutually exclusive; a co-parent may be very involved with one, while having lesser or no rights in the other.

If you’re in need of a family lawyer as you’re a co-parent fighting for your custody rights, contact O’Cathain Law Group Family Law Department in Hackensack today for a consultation. The chair of our Family Law Department, Francesca O’Cathain, Esq., is certified by the New Jersey Supreme Court as a matrimonial law attorney.

Two Types of Physical Child Custody Available in Hackensack

Sole Physical Custody is when the kid resides only with one co-parent. This is rare in New Jersey, unless the court finds mitigating factors, such as but not limited to, child abuse and drug and alcohol abuse, that would be harmful and detrimental to a child.

Joint Physical Custody, the more common arrangement, is when the kid resides with both co-parents, each for substantial and specific amounts of time.

These custody arrangements will be worked out with your legal team (with includes our dedicated family law paralegals), as well as with your co-parent’s representation, the court, and, sometimes, a neutral third party (especially if mediation is involved).

Factors in Determining Physical Child Custody

The Hackensack court will weigh many factors, including but not limited to:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child.
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
• The interaction and relationship of the child with its parents and siblings.
• The history of domestic violence, if any.
• The safety of the child and the safety of either parent from physical abuse by the other parent.
• The preference of the child when of sufficient age and capacity to reason to form an intelligent decision.
• The needs of the child.
• The stability of the home environment offered.
• The quality and continuity of the child’s education.
• The fitness of the parents.
• The geographical proximity of the parents’ homes.
• The extent and quality of the time spent with the child prior to or subsequent to the separation.
• The parents’ employment responsibilities; and the age and number of the children.

Ultimately, the court will use the standard of in the best interest of the child.

Be honest with yourself: which physical custody arrangement do you think would best benefit you, your kid(s), and your family at this time?

Discuss Physical Child Custody With a Hackensack Attorney

Ready to Move Forward? O’Cathain Law Group Family Law Department has the team for you. We know the physical child custody arrangements in Hackensack and are here to guide you to the custody arrangement best suited for your family.

Call (201) 488-1161 to schedule a consultation, email

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