Child Custody in New Jersey

Divorce is a complex situation that greatly impacts an entire family. When a couple chooses to end their marriage, any children in the household experience a major change. The issue of child custody comes into play after parents split. While some parents are able to come to an agreement that is best for their child, others cannot find common ground. One parent may believe that they are more entitled to be the child’s primary caretaker. There are different types of custody arrangements that a family can come to after divorce.


The concept of physical custody determines which parent with whom the child spends most of their time. The adult who is awarded physical custody is the one who has the child majority of the time. This is also known as residential custody. When an individual is given physical custody of their child, they are established as the primary caretaker. This allows them to designate the parenting times of the other parent.


While one child may spend more time of their time with one parent, there is still a matter of how much influence both adults have in their child’s life. Legal custody is the right for a parent to be involved in day-to-day and important decisions for the child. This may involve medical care, education, religion, and the general welfare of the child. There are two different types of legal custody: Joint Legal Custody and Sole Legal Custody. Joint Legal Custody allows both parents to be involved in making decisions for their child. Sole Legal Custody gives the decision-making rights to one parent, without the input of the other parent.

Factors Considered

When a child custody case comes to court, the judge always acts in the best interest of the child. When a divorced couple meets with an evaluator to assess their case, it is often the case that each parent believes they are the best option for their child. There are several things to be considered when coming to the conclusion of custody. These factors may include:

  • If a parent can provide stability in the child’s current life (home, school, activities, etc)
  • If the parent will act in the child’s best interest
  • The relationship between the child and each parent
  • The physical health and safety of the child
  • What the child needs
  • The geographical proximity of each parent’s home
  • The preference of the child if they are of sufficient age


If you or a family member is going through a divorce and seeking legal counsel for custody arrangements, contact The Radol Law Firm today.

Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.