With Legal Custody
New Jersey recognizes two types of custody: legal custody and physical custody. Any form of custody has certain effects on the rights of parents. The court may grant certain rights to one parent, but not to the others. And parents can share some or all of their rights. Knowing the differences between these rights can help you make the best decisions for you and your child. Custody refers to both legal and physical custody of a child. Custody is the power to make decisions for and about a child. I have already been called to court to get custody, but the situation has changed. Can I file a new complaint? If you are able to do so, you should discuss the matter with a lawyer as soon as possible. You must respond to the claim by submitting a response within 30 days of service of the subpoena and complaint. You should also attend all mediation and court hearings. You won`t be arrested if you don`t show up in court for your custody case. However, if you do not attend mediation or hearings, you lose the opportunity to tell the judge your side of the story and apply for custody or access.
NEW RESOURCE: Child care and visitation recommendations during COVID-19. Learn more. Can I get a court-appointed lawyer for my custody case? If you have questions about custody in New Jersey, Williams Law Group, LLC is here to help. Williams Law Group, LLC`s experienced attorneys can help you with your custody case and ensure your child`s best interests are protected. Williams Law Group, LLC, based in Union, New Jersey, provides compassionate and dedicated legal services to the counties of Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex and surrounding areas. Our skilled lawyers deal with divorce and family law, custody and child abuse and neglect. Call our office at (908) 810-1083, email us at firstname.lastname@example.org or contact us using our confidential online form to schedule a consultation and finally connect you with an experienced New Jersey divorce and custody attorney. Joint custody, unlike physical custody, has nothing to do with where the children live. The importance of frequent joint custody is that the parent with access or secondary physical custody of the children cannot be excluded from the decision-making process with respect to important issues affecting children. Example of joint custody: the mother and father have divorced and share custody of the child. This means that the mother and father are also involved in important decisions regarding the child`s upbringing and well-being.
An example of the use of custody could be when a parent takes a child to the doctor and the doctor determines that the child needs intervention. The custodial parent could decide whether or not to allow this procedure. If both parents have custody, called joint custody, this decision should be made by mutual agreement between both parents. You cannot act unilaterally. Custody gives the parent the opportunity to make decisions for the child. A parent with legal custody of a child has the right to make decisions regarding medical care, schooling and upbringing of the child, and religious education. Custody of a parent does not depend on the payment of child support, but on the nature of the relationship with the parent, which is in the best interests of the child. A court may consider the refusal to pay child support in its analysis of the parent`s capacity to act in the best interests of the child.
If you have sole custody of your child, you can make all decisions about issues such as education, religion, medical care and housing. You may not need to consider the other parent`s wishes or opinions about your child`s education. Remember; Most States prefer to grant joint custody on the basis of the best interests of the child. Parents who share custody both have the right to make decisions about these aspects of their children`s lives, but they do not have to accept all decisions. Each parent can make a decision for themselves. But to avoid problems and end up in court again, both parents should communicate with each other and work together to make decisions together. Joint custody does not mean that children have to spend exactly half the time with each parent. Usually, children spend a little more time with 1 parent than with the other, as it is too difficult to divide the time exactly in half. If 1 parent has the children more than half the time, that parent is sometimes referred to as the “primary custodial parent.” Joint custody is a way to give both parents a say in their child`s upbringing.
It is intended for cases where both parents can make important decisions and are available. Custody refers to the right that the family court gives a parent to make important long-term decisions about their child`s development. The most important decisions protected by custody often relate to health, education and religion. To apply to a court for a custody decision, you must file a complaint. Your lawyer can file the complaint on your behalf, or if you don`t have a lawyer, you can file a complaint yourself. You must specify in your parenting plan the custody option your family will use. This determines who makes decisions about your children`s education, medical care, religion, and more. Example of sole custody: the mother and father divorced, which is largely due to the father`s drug and addiction.
The mother requests and obtains custody of the child. This means that the single mother has the legal authority to decide on key issues related to the child`s upbringing, and the father does not have the legal right to participate in the decision-making process. Physical custody gives the parent the right and duty to care for the child on a daily basis. Physical custody allows the parent to have the right for the child to live with him. Physical custody confers on parents a right of residence. This is sometimes referred to as hospital detention. A parent with physical custody has the right to let the child live with him. They take care of the child on a daily basis. A parent with physical custody often also has legal custody. Physical custody may be shared alone or jointly. A child can live with the primary custodial parent most of the time or split the time equally between both parents.
The court may grant access to a parent in lieu of physical custody.