Divorce proceedings can be incredibly challenging, especially when children are involved. In the state of New Jersey, one of the most difficult aspects of a divorce is determining child custody and parenting time. It is crucial for parents to understand the distinctions between these two concepts and how they impact both their own lives and the lives of their children.
What is Child Custody?
Child custody encompasses the legal and physical responsibility for a child’s care and upbringing. This responsibility can be further categorized into legal custody and physical custody.
Legal Custody
Legal custody refers to the right to make important decisions regarding a child’s life, such as healthcare, education, and religious upbringing. In New Jersey, legal custody arrangements can be either sole or joint. Sole custody grants one parent the authority to make all significant decisions for the child, while joint custody allows both parents to make these decisions together in a cooperative manner.
Physical Custody
Physical custody pertains to where the child resides and spends their time. Much like legal custody, physical custody can be awarded as either sole or joint custody. In a sole physical custody arrangement, the child primarily resides with one parent, and the other parent has visitation rights. On the other hand, joint physical custody allows the child to spend significant time with both parents, ensuring equal parenting time for each.
What is Parenting Time?
Parenting time refers to the amount of time that each parent spends with their child. These schedules can be established by the parents themselves or ordered by the court. While the specific arrangements may vary from case to case, it is crucial that they are always created with the child’s best interests in mind.
How are Custody and Parenting Time Decided?
In New Jersey, the court determines custody and parenting time based on what is in the best interest of the child. Various factors are taken into consideration during this decision-making process, including the child’s age and needs, each parent’s ability to care for the child, the child’s preferences (if the child is mature enough to express them), and the willingness and ability of both parents to cooperate with each other.
To encourage parents to collaborate on establishing a fair custody and parenting time arrangement, the court may require mediation sessions or parenting classes before rendering a final decision.
If the parents are unable to reach an agreement, a judge will make the final determination. It is important to note that the court has the ability to modify the custody and parenting time arrangement if circumstances change significantly, such as a parent’s relocation or a child’s evolving needs.
What if the Parents are Unmarried?
In cases where the parents are unmarried, New Jersey law presumes that the mother has custody. If the father desires legal or physical custody, they can file a lawsuit to assert their rights. The court will then evaluate the same factors as mentioned above, based on the best interest of the child, in order to make a decision.
If the mother does not wish to relinquish custody, the father can pursue parenting time. In this scenario, it becomes imperative for the parents to collaborate on establishing a parenting time schedule or request the court to intervene and create one.
What Happens if a Parent Violates a Custody or Parenting Time Order?
When a parent violates a custody or parenting time order, the other parent has the option to file a motion with the court. The court possesses the authority to enforce the existing order, modify it, or hold the violating parent in contempt.
Seeking Legal Help
Determining child custody and parenting time is a highly emotional and stressful process that often leaves parents uncertain about their next steps. It is crucial to seek guidance from a knowledgeable family law attorney who specializes in custody and parenting time cases.
In conclusion, gaining a comprehensive understanding of the differences between child custody and parenting time enables parents to make informed decisions regarding their children’s well-being. Custody and parenting time orders aim to prioritize the best interests of the child, and they can be modified by the court if circumstances necessitate it. By seeking professional legal assistance, parents can ensure that their rights are protected, and their children’s best interests are given the utmost consideration.