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How is Child Custody Decided in New Jersey?

Posted by Vincent C. DeLuca | Dec 31, 2024 | 0 Comments

In New Jersey, the courts prioritize the best interests of the child when determining custody arrangements.  

New Jersey Divorce

Types of Custody 

  1. Legal Custody: This involves the right to make significant decisions about the child's upbringing, such as education, medical care, and religious practices. Legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody).  
  1. Physical Custody: This determines where the child will live and how much time they will spend with each parent. Physical custody can also be sole or joint.  

Factors Considered by the Court 

When deciding on custody, New Jersey courts consider several factors to determine what arrangement serves the child's best interests. These factors include: 

  • The parents' ability to cooperate and communicate: Courts look at how well the parents can work together to make decisions for their child. 
  • Any history of domestic violence or substance abuse: The presence of such issues can significantly impact custody decisions. 
  • Each parent's ability to care for the child: This includes the parent's age, health, and overall fitness to parent. 
  • The stability of each parent's home environment: A stable and nurturing environment is crucial for the child's well-being. 
  • The child's educational and extracurricular needs: Courts consider the child's school and activity schedules when making custody decisions. 
  • The child's own wishes: If the child is mature enough, their preferences may be taken into account. 

Mediation and Negotiation 

Before going to court, parents are often encouraged to try mediation or negotiation to reach an agreement on custody arrangements. Mediation involves a neutral third party who helps facilitate discussions and find a compromise. This process can be less adversarial and more cooperative, which is beneficial for all parties involved. 

About Villani & DeLuca P.C. 

Villani & DeLuca P.C. is a highly experienced family law firm based in New Jersey, with a strong focus on child custody cases. Their team of dedicated attorneys, including Vincent C. DeLuca, Esq., a Certified Matrimonial Law Attorney, has extensive experience in handling complex custody disputes.  

Services Offered by Villani & DeLuca P.C. 

  • Experienced Legal Team: Their attorneys are well-versed in New Jersey family law and have a proven track record of success in child custody cases. 
  • Collaborative Approach: They offer mediation and negotiation services to help parents reach amicable custody agreements. 
  • Local Expertise: With offices in Ocean and Monmouth Counties, they are familiar with the local courts and legal landscape. 
  • Comprehensive Support: They provide personalized attention to each case, ensuring that the child's best interests are always the top priority. 

Contact Villani & DeLuca P.C. 

Choosing the right legal representation is crucial when handling child custody matters. With Villani & DeLuca P.C., you can trust that your case is in capable hands. 

To get the guidance and support you need for your child custody case, contact them at (732) 751-4991 for a free consultation.  

About the Author

Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...

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Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

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