Physical Custody

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“During a time of great distress, Ryan heard my concern, assessed, and called me the next day to accept the case. While working together, Ryan was reliable and consistent with his communication. He always treated me with respect and offered the available options to help me as the client to make informed decisions, without making any promise. I'd highly recommend his service to any friend or family member.”

- Former Client

Ryan E. Gilbert

Your Trusted Freehold Attorney

Freehold and East Brunswick Physical Custody Lawyer

Helping Families With Child Custody Agreements in NJ

When parents separate or divorce in New Jersey, one of the most important decisions they must make is who will have physical custody of their child. Physical custody refers to where the child will live and who will be responsible for their day-to-day care. This decision can have a profound impact on both the child and the parents, which is why it is crucial to approach custody matters with the help of skilled legal counsel.

Whether you are negotiating an agreement, pursuing a custody battle, or seeking to modify an existing custody arrangement, a knowledgeable Freehold and East Brunswick child custody attorney can help protect your parental rights while prioritizing your child’s well-being.

Need assistance with a custody dispute? Contact a Freehold and East Brunswick physical custody lawyer at (866) 760-6430 for a free consultation. We’re here to help you navigate the complexities of family law.

What's the Difference Between Legal & Physical Custody in New Jersey?

Physical custody refers to where the child or children will live. This could be shared, with two homes, and children moving between the two residences for certain days of the week. It could also be an arrangement in which one parent has physical custody of the children while the other has visitation rights.

Legal custody refers to the right to be involved in the critical decision-making for the children, including:

Religion
Education
Upbringing
Other important decisions

Some parents have shared physical custody and shared legal custody. In other cases, one parent can be given sole legal custody. This would be the decision in cases in which one parent is gone, and cannot be found, is not sharing the lives of the children and making no effort to do so, or if incarcerated, involved in criminal activity, is addicted to narcotics, or has a history of domestic violence.

Types of Physical Custody in New Jersey

As mentioned before, there are several types of physical custody arrangements available under New Jersey law, each tailored to meet the unique needs of the child and the family. These arrangements may include:

Sole Physical Custody

In a sole physical custody arrangement, the child lives with one parent for the majority of the time. The noncustodial parent typically has visitation rights or a set schedule for spending time with the child. Sole physical custody may be awarded in situations where the court determines that the child’s best interests would be better served by primarily residing with one parent.

Factors that may lead to the awarding of sole physical custody include a history of abuse or neglect, substance abuse issues, or one parent’s inability to provide a stable environment for the child.

Joint Physical Custody

Joint physical custody means that the child spends substantial time with both parents, although it may not be exactly equal. This arrangement is designed to allow both parents to be significantly involved in the child’s daily life. Joint physical custody works best when parents can cooperate and communicate effectively, as the arrangement requires a high level of coordination in terms of the child’s schedule, schooling, and other commitments.

Joint physical custody is often favored by courts because it allows the child to maintain strong relationships with both parents, but it may not always be practical if the parents live in different areas or cannot agree on key aspects of the child’s care.

Shared Physical Custody

Shared physical custody refers to a more equal division of time between the parents. The child spends a substantial portion of the time with both parents, often with a schedule that allows for roughly 50-50 custody. While this arrangement can be ideal for children who benefit from equal time with both parents, it requires a significant amount of cooperation and flexibility from both parties.

Shared physical custody is typically awarded when both parents are capable of providing a stable environment and have a strong, positive relationship with the child.

How Does the Court Decide on Physical Custody?

New Jersey family courts always prioritize the child’s best interests when determining physical custody arrangements. Judges consider several factors when making custody decisions, including:

The child’s safety and well-being
The child’s relationship with each parent
Each parent’s ability to provide for the child
The child’s age and needs
Each parent’s willingness to co-parent
The parents’ living situations

What Happens If One Parent Denies Custody / Visitation Time?

If one parent has interfered with child custody or visitation, either by concealing the child or taking the child, whether prior to or during a divorce or custody action is illegal. Parents who engage in actions that impact the parental rights of the other parent will not be looked upon kindly by the court, and the effort to gain physical custody could be transferred to the other parent if this is established and proven by an attorney.

Can You Modify a Physical Custody Arrangement?

After a physical custody arrangement has been put in place, it may not necessarily be set in stone. Life changes, such as a parent moving to a new location, a change in employment, or a child’s evolving needs, may necessitate a modification to the custody arrangement.

To modify a physical custody order, a parent must demonstrate that there has been a significant change in circumstances that warrants the change. This can include changes in the parent-child relationship, the ability of a parent to meet the child’s needs, or other factors that affect the child’s well-being.

Modifying physical custody can be a complex process that requires careful attention to detail and a thorough understanding of New Jersey family law. Consulting with a Freehold and East Brunswick physical custody lawyer can ensure that your rights are protected and that any changes to the custody arrangement are in the best interests of your child.

Get Counsel for Child Custody Cases

If you are worried about child custody in divorce, or post-decree, my firm, the Law Offices of Ryan E. Gilbert, LLC can assist you. I have extensive trial experience, and formerly served as counsel defending several Fortune 500 companies while working for a prominent law firm.

My experience in case development and presentation has proven to be beneficial in child custody cases in East Brunswick, New Jersey. I would like to discuss this matter with you, whether as part of your divorce, or when a modification should be pursued. This could occur when there is evidence of emotional or physical abuse, molestation, neglect or any criminal activity that could put the child(ren) at risk of harm.

No matter what your situation is, my firm is prepared to assist you. Call (866) 760-6430 or contact us online now for more information.

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