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Will I Get Custody of My Child in New Jersey? | Here’s What to Know

If you are unsure about how child custody arrangements are made, continue reading and reach out to our skilled Morris County child custody attorneys today. We are on your side.

What is the difference between physical custody and legal custody in New Jersey?

There are two types of custody in New Jersey. Physical custody refers to where the child will spend their time. Legal custody specifies which parent is responsible for making decisions concerning medical care, education, and religion, on behalf of the child. To learn more, reach out to our firm today.

How do joint custody and legal custody work?

Note that with joint custody, the child generally rotates their time equally between both parents. On the other hand, sole custody is when the child lives with only one parent and has the possibility of visitation with the other parent. Regardless, custody arrangements, whether found by the court or the parents, will be determined with the best interests of the child in mind.

Why might a New Jersey court deem you unfit?

In New Jersey, parents are encouraged to work out their own parenting time schedule and may be subject to court approval. However, there are some cases where a court may rely on sole physical and legal custody. In the event that a child’s arrangement with their parent is damaging to the child’s well-being, the court can consider the parent unfit for custody. A parent may be found unfit for a number of different reasons. For example, if there is a history of drug or alcohol abuse, domestic violence, mental disturbance, and/or other issues that can put the child at physical and/or emotional risk.

If I am unmarried, will I be able to have custody rights?

Recognize that marriage is not always a precondition to a child custody requirement. Couples that are not married typically have the same custody rights as couples that are married. However, in some instances, paternity must be established. This step is typically non-controversial and can be established through the father recording his name on the child’s birth certificate as a way to create an introduction to custodial or parental rights. If there are conflicts between the unmarried couple, a court may interfere and make decisions that will best suit the child.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.