What happens when custody of the children is in dispute?
New Jersey recognizes Legal Custody and Residential Custody of children of divorce. Legal Custody, addresses the parents’ rights to be involved in major decisions affecting the health education and general welfare of the children. Generally, parents will be awarded or will agree upon Joint Legal Custody. Exceptions to this rule, is Sole Legal Custody, which may be awarded when there is an active Final Restraining Order between the parents and there is evidence that the parents cannot act amicably to co-parent the children. Also, Sole Legal Custody may be appropriate, when a parent is incarcerated or there is evidence of habitual substance abuse. Residential custody addresses with whom the children will reside. Custody arrangements can be very structured or flexible based on the agreement of the parties. In a contested custody case, the standard applied by the court to determine Residential Custody is the “best interest of the child.” The courts today, strive to ensure that both parents
