One of the most challenging procedures during a divorce is determining custody. This decision will dictate the children’s living arrangements. Additionally, it will determine whether both parents can make decisions on behalf of their children. Custody arrangements will vary depending on your situation. Still, it is crucial to understand the types of custody available in New Jersey.
Legal custody
Legal custody determines whether a parent can make decisions on behalf of their child. For instance, parents with legal custody can make various decisions for their child, such as:
- Medical care
- Educational decisions
- Religious upbringing
Usually, both parents share legal custody of their children. This way, they can decide together what is best for their kids, even if they are divorced. If the court determines joint legal custody, both parties must discuss major decisions in their children’s lives. Consequently, this arrangement guarantees that both parents have a say in decision-making.
However, if the court determines sole legal custody, only one parent can make decisions on behalf of the child. The court may rule sole legal custody if this arrangement is in the children’s best interest. If you gain sole legal custody, you do not have to consult the other parent when making significant decisions on behalf of your child.
Physical custody
If you are granted physical custody, you will be responsible for your child’s daily care since they will primarily live with you. A parent with physical custody will spend more time with their children, but they will also face more responsibilities. The court will evaluate multiple factors before determining custody. To defend your interests, you can contact a child custody lawyer to guide you through your case.
Visitation rights
Usually, the non-custodial parent will have visitation rights. This means that they can spend time with their children and play a role in their lives. Still, in extraordinary circumstances, the court may deny visitation rights to the non-custodial parent. That is why it is crucial to demonstrate that you are fit to be a parental figure in your child’s life. Parents with visitation rights may have overnight time with their children or enjoy their presence for multiple days. As a non-custodial parent, you can work with a lawyer to defend your parental rights.
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