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According to state law, legal custody refers to the responsibility, and right, to make significant decisions in a child’s life, including choices about education, healthcare, and other significant matters. Physical custody refers to the parent or person with whom the child resides.
Typically, both parents share joint legal custody, allowing them to have ongoing involvement in the decision-making process impacting their children. The parents may equally share physical custody, or one parent may have primary physical custody, with the other parent enjoying scheduled parenting time. Parents may fight over who gets custody because of access to the children and because the parent with primary custody is often entitled to child support from the other.
If you are in a custody dispute, you must understand the types of custody in Hackensack. A seasoned child custody attorney from O’Cathain Law Group can help review the different custody options, review which ones may be appropriate for you, help you understand the decision a court is likely to make, and advocate on your behalf.
Many people equate custody with physical possession, but that is not legal custody. It is the right to make important decisions about a child’s life, such as education, healthcare, and general welfare.
The state recognizes joint legal custody and sole legal custody. With joint legal custody, both parents share the responsibility for making significant decisions about the child’s life. Even if one parent has physical custody, both parents collaborate on critical issues and can make significant decisions for the child when they have the child in their care.
Sole legal custody is less common. With sole custody, one parent has the exclusive right to make major decisions for the child. Often the areas of decision-making are defined. Courts try to avoid sole custody arrangements and encourage ongoing involvement from both parents. However, they might grant it in cases of abuse, substance abuse, or criminal activity where one parent is incapable of raising the child. Courts are always focused on the child’s best interests and may limit or revoke parenting time if needed. Getting sole custody can be challenging, even if the other parent has a history of risky or abusive behavior.
The second type of custody in Hackensack is physical custody, which determines where the child lives and which parent provides daily care. While the preference is often for parents to share custody equally in a joint custody arrangement, there are circumstances where one parent will have the custody and care of the children most of the time, sole physical custody.
The child spends significant time living with both parents in joint physical custody. One popular arrangement is for a child to spend alternating weeks with each parent. Even if the parents do not split time with the child equally, they will each have substantial periods of physical custody.
With sole physical custody, the child lives primarily with one parent, the custodial parent. The other parent, the non-custodial parent, typically has fixed parenting time. However, not every non-custodial parent gets parenting time. If they do, they may have restrictions, such as supervision when the child is present.
Courts prefer joint physical custody arrangements because access to both parents is usually better for children. However, there are some scenarios where a parent’s access to a child could be limited. In some custody disputes, at least temporarily, non-parents take sole physical custody of the children, and one or both parents have limited rights. Domestic violence, child sexual abuse, substance abuse, and neglect are some of the reasons the court may order a sole custody arrangement.
The state uses the child’s best interests to make decisions about types of custody in Hackensack. Courts look at each parent’s ability to provide for the child’s health, safety, educational, physical, and emotional needs. Financial resources are not a significant factor since courts can use child support to shift financial resources between parents.
Most courts start with the presumption that the parents will share physical and legal custody. However, if a parent has a history of substance abuse, domestic violence, or other harmful behavior, they may be denied custodial rights. One parent may be granted sole custody if the other is absent or refuses to participate in major decisions.
All families are different, and custody determinations should be based on what is best for your child, not what might be best for other children. A family law lawyer from O’Cathain Law Group Family Law Department can advocate for you in court and guide you in making decisions that could help you achieve your desired outcome. To learn more about types of custody in Hackensack, schedule a consultation.