How is custody determined?

When a couple that has children together decides to get divorced, they will have to address matters that couples without children don’t need to. The biggest and often most emotional aspect of a divorce for parents is determining a custody arrangement. It can be devastating for a parent to be told that they will be spending less time with their child than they once did. Most of the time, the court will award parents a joint custody arrangement, meaning that they will both get to spend time caring for the child. Usually, one parent has more parenting time than the other. The parent who is with the child for more than 50 percent of the time is considered the custodial parent.

In some situations, though rarely, the court will determine that one of the parents might pose a danger to the child and award the other parent complete sole custody. Some of the factors that the court uses to determine an appropriate custody arrangement include:

  • either parent’s willingness to accept custody
  • the parent’s ability to act as a guardian
  • the needs of the child
  • the home life that each parent can provide
  • each parent’s history of substance abuse
  • each parent’s history of domestic violence

Of course, these are only a few factors that are considered. If you have questions about custody, contact our firm today.

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.