There are many reasons why couples divorce. Some allow the couple to amicably part ways and effectively co-parent.
Other divorces are highly contentious, with allegations of domestic violence. One party may feel their child should have no contact with the other parent. But would the courts agree?
How do courts determine custody?
New Jersey’s family courts are guided by what are the best interests of the child. Therefore, the court will look at the arrangement that will most benefit the child’s physical, emotional and psychological well-being.
In most instances, it’s beneficial for the child to have a relationship with both parents. Children tend to do better academically and socially when both parents take an active role in their lives. The courts typically prefer joint legal custody. This allows parents to have an equal say in the child’s education, medical care, extracurricular activities and religious instruction.
The courts also want parents to have a physical bond with their children. Children can split their time equally between two households. Or, one parent may provide the primary residence if the child lives with them 51% or more of the time.
The judges are so much in favor of children having consistent access to both parents that they won’t consider a parent unfit unless that parent’s involvement would have substantial adverse effects on the child. This means that the burden of proof is much higher for the parent seeking sole custody and would likely involve one of the following:
- Abuse
- Domestic violence
- Substance use disorder
- Neglect
- Severe mental health condition
- Attempts to abduct the child
Seeking sole custody of a child is challenging, so you don’t want to attempt to navigate the court system on your own. You will want someone knowledgeable and emphatic to guide you through the legal process and ensure your and your child’s rights are protected.