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Elements Considered by NJ Courts to Grant Sole Legal Custody In order to do so, they look at each parent's relationship with the child, whether they are a stable member of society, and whether they could be a dangerous influence, as in the case of drug and alcohol abuse or domestic violence.
In order to obtain sole physical custody of your child, you would have to show that having your child see their other parent would be harmful to the child in some way or that he or she would be in danger or neglected by the other parent.
Sole custody means that one parent makes the major decisions about issues such as the child's education, religion and health care. Generally, the child would live primarily with this parent. This parent would now have sole decision-making responsibility and the majority of parenting time.
Consent orders allow parents who know their children best to make the most suitable and beneficial arrangements for their kids and family. A consent agreement is a voluntary decision to pursue.
New Jersey law recognizes that both parents should have equal access and rights to their children, regardless of their individual feelings or their relationship status. Co-parenting is a favored arrangement in this state, as the legislature has determined that it is best to have both parents in a child's life.
Obtaining sole physical custody of your child means your child stays with you full-time and that the other parent has no parenting time with your child. This is very difficult to obtain because courts in New Jersey very much favor both parents being involved in the child's life.
Under New Jersey law, the judge must consider numerous factors when determining child custody, including, but not limited to: Each parent's interaction and past relationships with the children. The parent's willingness to accept a custody arrangement.
Courts in New Jersey generally tend to favor joint legal and joint physical custody arrangements between the parents. The court prefers custody agreements that allow the child to have a relationship with both of their parents. NJ does lean toward 50/50 custody when it comes to joint custody arrangements.