Sometimes as East Brunswick family law attorneys, we are asked the odds of obtaining sole child custody in New Jersey.

While the short (lawyerly) answer is, “it depends,” it’s important to understand that the Family Court will start out with the presumption that kids benefit the most when both parents are actively involved in their lives.

If you’re seeking sole custody, it’s not enough to say that you have different parenting styles or your child doesn’t really enjoy spending time at their other parent’s home. Courts will sometimes take a child’s preferences into consideration (depending on their age and other factors), but generally: The onus will be on you to prove why sole custody is in the child’s best interests. That often means showing why joint custody would be harmful in some way.

That’s a high proof burden, but it can be necessary in some cases, particularly if the child’s physical or emotional well-being is at stake. If your child is in danger or there is some immediate, pressing reason why you are seeking sole custody, it’s imperative that you contact a New Jersey child custody lawyer as soon as possible. We can help walk you through the complexities, formulate a strong legal strategy, and fight for the best possible outcome.

What is Sole Custody?

There are a number of different types of custody arrangements in New Jersey. Sole custody is one of them, but it’s not the most common.

First, we should note there is legal custody as well as physical custody.

Legal custody refers to the right to make decisions over certain aspects of a child’s life. Ideally, parents will agree on the big stuff. But where they may disagree fervently without compromise, the Court may grant one parent “legal” custody on that issue. Examples include education, healthcare, or grooming.

Physical custody is where the child lives. In a joint custody situation, the child spends substantial quality time with parents in both residences – even if it’s not 50/50 equal.

When the court grants legal and physical custody to just one parent, that is generally what we mean by “sole custody.” The child lives in the home with the parent who has sole custody and that parent has exclusive decision-making rights for the child. The parent who does not have custody (the “non-custodial parent”) generally does not have the right to demand parenting time, visitation, or decision-making without the approval of the custodial parent unless otherwise specified by the Court.

New Jersey Favors Joint Custody

N.J.S.A. 9:2-4 expressly states that it’s in the public interest for both of a child’s parents to share rights and responsibilities associated with rearing a child. The law presumes that, unless proven otherwise, both parents have equal rights under the law.

It’s for this reason that barring some extreme or unusual circumstances, Family Courts in New Jersey are unlikely to award sole custody to one parent over the objection of another.

Reasons New Jersey Courts Grant Sole Custody

Some parents may essentially have sole custody by default, usually because the other is voluntarily absent. However, that arrangement is not legal or enforceable unless it’s approved by the Court.

Child custody determinations are based on what is in the best interests of a child.

Reasons why a New Jersey Family Court judge may grant sole custody:

• One parent is not willing to cooperate by the terms of a consent order. If there is a parenting time/custody order in place, and one parent continually violates the terms – bad-mouthing the other parent to the child, refusing to show up on time to visitation, maintaining bad influences or dangerous conditions around the child – the court may grant sole custody to the other parent.
• One parent is absent. A parent who has largely been absent from a child’s life, especially if it’s gone on for several years and without a very good reason, may have shaky ground on which to request joint custody.
• Allegations of domestic violence or abuse. If there is evidence that the other parent is abusive in any way, that can lay the foundation of a strong argument against allowing them to have custody.
• Active addiction. An active substance abuse addiction can negatively impact a child’s life. It can endanger their physical and mental well-being. Therefore, courts will carefully consider whether a parent with an active addiction should have parenting time/custody rights.
• Mental health problems. This one should be cautiously approached. Divorce is closely associated with depression, which is a mental health issue. Does that mean a depressed parent shouldn’t get custody? That likely depends on the severity of the condition and how it is impacting the child and/or the parent’s ability to care for the child. Many mental health conditions can be treated with medication. However, if the parent who is mentally ill refuses to take their medication and this adversely impacts their ability to care for their child, this may be taken into consideration in custody decisions.

Given that these situations are often complex and emotionally-charged, it’s important to hire an experienced family law attorney to advocate for the best interests of you and your child.

Call our New Jersey child custody attorneys at (732) 810-0034 or use our online form to request your free & confidential consultation!