There are two aspects to custody - legal custody and physical custody. Legal custody refers to the major decision-making areas of parenting regarding matters such as education, religion, and medical decisions, while physical custody is where the children resides. In New Jersey, the primary custodial parent is referred to as the Parent of Primary Residence, while the non-custodial parent is referred to as the Parent of Alternate Residence. The law of NJ child custody determine what type of custody is appropriate, who gets said custody, visitation rules, and other aspects involving the children during divorce proceedings. The court always makes its decisions based on what is in the best interest of the child. Custody is determined by the courts through factors such as parents’ mental health, possible history of domestic abuse/violence, home environment stability, age of child, parents’ occupations, etc. If the child is older, their wishes may be taken into consideration by the court as well.
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Wilson Family Law LLC
667 Shunpike Road, Suite 5
Chatham, NJ 07928
Office: 973-520-4275 Fax: 973-378-0603