Child Custody & Visitation
The issue of child custody often occurs during a divorce. The courts have to determine which parent, relative, or another adult should have physical or legal control and responsibility for all children under the age of 18.
A divorce is a very difficult and stressful time for both parents and it will always impact the children. The Rotolo Law Firm is very familiar with the complex set of family laws that govern a divorce and will ensure that your child’s best interests are represented at all points during the divorce. Call The Rotolo Law Firm today to set up an appointment at your convenience.
Some factors that help to determine child custody include the lifestyle, health, and financial state of the parent, history of domestic violence, stability of the home environment, and the relationship of the child with their siblings and parents.
New Jersey can employ the “Tender Years” doctrine when deciding the custody of child. “Tender Years” is when the custody dispute concerns a child of seven years old or younger. In this case the courts generally award custody to the mother if she is considered a fit and reasonable person. The doctrine, however, is subordinate to the rights of both parents to custody and the best interest of the child.
There are two kinds of custody: legal custody and physical custody.
Legal Custody: A parent’s decision–making responsibilities are referred to as legal custody, which can be divided into joint legal custody or sole custody.
- Joint legal custody requires both parents to agree on any major decisions considering the children, such as education, medical, and general welfare.
- Sole legal custody gives one parent the sole authority over the decisions without input from the other parent.
Physical Custody: Physical custody refers to the obligations of the parent to have the child live with him/her. Primary residential custody of the child is often awarded to one parent.
The primary residential parent is responsible for lodging, supervision, and decision making. The other parent, the non–physical custodial parent, is given rights of visitation and a schedule that is agreed upon by both parents. Parents are encouraged to schedule visitations in order to continue parental contact with the children after the marriage has ended. Many times physical custody is shared so the child is able to spend an equal amount of time with each parent.
