Child Custody Law in Jersey City, New Jersey
Establishing child custody and visitation arrangements in a divorce or other separation in Jersey City, New Jersey are often the most difficult challenges parents must face. New Jersey Courts deciding child custody and visitation matters will always make a decision based on the best interests of the child.
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The phrase, "Best interests of the child" governs all aspects of child custody and visitation in New Jersey. Determining what the best interests of a child are depends upon many factors, including the:
- Child's age, gender, mental and physical health
- Health of parents
- Lifestyle and other social factors of parents
- Love and emotional ties between parent and child
- Parents ability to provide food, shelter, clothing and medical care
- Quality of schools in a given locale in Jersey City, New Jersey
- Child's preference if the child is over 12
- Ability and willingness of the parent to foster a healthy relationship between child and other parent
- Stability of the environment
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There are two types of child custody:
- Legal Custody in Jersey City, New Jersey The right and responsibility to make decisions about the rearing of the child. This includes issues such as education, religion, medical care, and discipline.
- Physical Custody in Jersey City, New Jersey A parent's right to have a child live with him or her.
New Jersey Courts will award legal and physical custody of a child to either one parent (sole custody) or both parents (joint custody).
The parent who does not have physical custody of the child is usually given "reasonable visitation" rights with the child. Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. Child visitation schedules can be set either by the court or left to the parents to agree upon.
It is important to understand that New Jersey child custody and visitation agreements can be modified with the consent of both parents or by the local Jersey City Court. Anything can be changed as long as it is consistent with the best interests of the child. Typical justifications for an alteration in child custody or visitation are:
- Relocation: Some states allow parents with physical custody to relocate no matter what distance is involved.
- Substantial change in circumstances: Anything significant that disrupts the stability of the child's life (i.e. parent's loss of job, relocation, illness) may warrant modification.
- Change in lifestyle: Modification in New Jersey may be justified if substantial changes in a parent's lifestyle threaten or harm the child.
If you are looking to establish or modify child custody or visitation, in Jersey City, New Jersey it is generally wise to consult with a Jersey City lawyer. A lawyer specializing in Family Law has experience dealing with the complicated court system and can work to protect your relationship with the child.
