Child Custody in New Jersey

When a family separates due to divorce, it impacts the family as a whole. Unfortunately, the situation of divorce comes with the issue of child custody. Custody arrangements are made to determine who the child spends their time with in addition to which parent(s) is responsible for making decisions about the child’s life. There are different types of arrangements to be considered by families. An experienced attorney can assist you in finding the right situation for your family.

Physical Custody

Physical custody, also known as residential custody, is defined by which parent with whom the child spends the majority of their time. If a parent has physical custody of their child, it means they are the primary caretaker. This status not only allows them to have the child most of the time but designate the parenting times of the other party involved.

Joint Custody

When it comes to child custody cases, decisions are always made with the best interest of the child. In some cases, both parents are able to work together to come to an agreement that does so. These agreements may result in joint physical custody, allow both parents to equally divide time with their child.

Legal Custody

Legal Custody deals with a parent’s influence in their child’s life. This is the right to be involved in a child’s daily life decisions. This may include health, education, religion, and a child’s general welfare. One type of legal custody is Joint Legal Custody. This allows both parents to have a say in making decisions for their child. The other type of legal custody is Sole Legal Custody, which gives the decision-making rights to the child’s primary caretaker.

Factors to be Considered

In order to act in the best interest of the child, there are several things to be considered before coming to a conclusion of a custody agreement. These factors may include:

  • If a parent can provide a child with home stability
  • If the parent will act in the child’s best interest
  • Whether or not parents are willing to accept custody
  • The relationship between the child and each parent
  • History of domestic abuse
  • What the child needs
  • The safety of the child
  • Each parent’s fitness
  • Geographical proximity of each parent’s home
  • The preference of the child if they are of sufficient age


If you or a family member is going through a divorce and seeking legal representation for child custody, call the Law Office of Toby Grabelle, LLC today.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.