Arons & Solomon Divorce Lawyers | September 13, 2024 | Child Custody
New Jersey family courts tend to favor joint custody arrangements over sole custody arrangements. That doesn’t mean that you can’t get sole custody, but there is a higher bar for it than other custody arrangements.
Physical Custody vs. Legal Custody
There are some differences between physical custody and legal custody. Physical custody refers to who the child lives with, while legal custody refers to the right to make decisions on medical care, education, religious upbringing, etc.
Sole Custody v. Joint Custody
Sole custody is custody in favor of one parent, while joint custody is custody shared by both parents. Physical and legal custody can either be sole or joint. For any divorced parent, having sole physical custody and sole legal custody is the strongest form of custody.
General Overview of the Procedure for Seeking Sole Custody
If you seek sole custody of your child, you must take the following steps:
- File a formal written petition for sole custody with the Bergen County Justice Center, located at 10 Main Street, Hackensack, NJ.
- Notify the other parent of the petition through legal channels (A third-party must deliver the notice, for example).
- Attend mediation sessions if the court so requires.
- Prepare for a custody evaluation conducted by the court, and cooperate with the court.
- Present evidence favoring your request at a court hearing. The other parent may attend and present contrary evidence.
- Wait for a final custody determination from the court.
The court will apply the principle of the “best interests of the child,” meaning that it will try to reach a decision concerning a custody arrangement that is best for the child’s well-being.
How to Prove That Sole Custody is in the “Best Interests of the Child”
Here is a strategy to convince the court that sole custody in your favor is in the best interests of your child:
- Show the court how sole custody will better meet the child’s physical, emotional, and developmental needs.
- Present evidence of any problems with the other parent that could harm the child (e.g., alcoholism, neglect, abuse etc.).
- Prove that you are in a strong position to provide the child with a stable environment.
- Use testimony from expert witnesses, such as child psychologists, social workers, etc.
- Highlight your own contributions to the child’s welfare and upbringing.
These are just general principles. Never forget that every case is different. Typically, it is difficult to win sole custody.
Mediation
The family court may or may not insist that you participate in mediation with the other parent. If it does, make an honest effort to reach an agreement that is acceptable to you and the other parent and is in the “best interests of the child.”
Guardian Ad Litem or Custody Evaluation
The court may appoint a guardian ad litem to represent the child. It might also ask a mental health professional to evaluate you and the other parent’s fitness as parents. Cooperate fully with these efforts.
Final Custody Determination
The court will issue a final determination for physical custody and/or legal custody. The court will prioritize the child’s best interests over the interests of either parent.
It will consider various factors, including the child’s age, health, their relationship with each parent, and any history of abuse or neglect. Once entered, it will be difficult to modify this order unless there is a significant change in circumstances.
Speak With a Hackensack Family Lawyer
If you plan to seek sole custody of your child, first talk to Hackensack, NJ family lawyer. A family lawyer can help you explore your options and plot a strategy for both custody and child support that will benefit both you and your child. Seeking custody of a child can be a very emotional affair, and it may be difficult for you to look at circumstances objectively. The sooner you talk to a Hackensack family lawyer, the better your chances of a successful resolution.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States