Child custody is generally categorized in two ways in a divorce, legal custody and physical custody, for purposes of determining the parents rights and responsibilities with parenting time. Generally legal custody, allows for both parents two have shared legal custody, meaning an equal say over the health, education and welfare of the children, unless one of the parties is incompetent for example has a drug or alcohol abuse problem or psychiatric problem or domestic violence issue that may affect the children. As to physical custody, the parties may have sole, shared or where one party is the parent of primary residence and the other party is the parent of alternate residence or secondary residence. Generally, if the parties live close to where the children go to school and they desire shared physical custody, meaning equal overnights or time with the children, the Courts will favor shared physical custody. One party is generally the parent of primary residence if they have more overnights than the other party. If you have questions regarding child custody in a divorce matter, please call Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
Sep 2, 2015 @ 06:09 PM — by Michael Green