Custody disputes can be emotionally draining for everyone involved. Being granted sole custody can add a layer of complexity that increases the legal and emotional stakes. An experienced family law attorney can make all the difference when negotiating these high-stakes cases.
Unless the other parent agrees to giving you sole custody in New Jersey, you need to prove they would be unfit as a parent or it is not in your child’s best interests to share custody.
At Graziano & Flynn, our child custody attorneys understand New Jersey law from their decades of experience and will advocate tirelessly for your and your child’s best interests. You’re not in this alone. Contact us today for a free legal consultation where we can review your case and determine next steps.
What is Sole Custody in NJ?
New Jersey considers sole legal custody to be one parent’s total responsibility, making major decisions when it comes to the care of the child, as opposed to joint legal custody, which allows both parents to share these responsibilities. This parent, referred to as the custodial parent, gets to make all choices about where the child lives, their education, healthcare, and any other relevant parenting decisions.
The other or non-custodial parent will have no say in parenting the child and no parenting time or visitation rights unless agreed to by the custodial parent.
Why Do Parents Get Sole Custody in NJ?
Sole custody arrangements can be the result of a consent order that’s been approved by the court. This means that one parent has agreed to allow the other parent to make all decisions concerning the child. If, however, the parents cannot agree on how to parent or who should parent, it’s up to the court to decide for them.
In New Jersey, “physical custody” refers to the parent with whom the child resides most of the time, while “sole custody” could imply both legal and physical custody. When a parent has sole custody, they have exclusive physical and legal rights over the child. In this case, the child lives with them (sole physical custody), and they also make all the major decisions regarding the child’s upbringing (sole legal custody). It’s possible, however, for one parent to have sole physical custody while sharing legal custody with the other parent.
Other Reasons Sole Custody May Be Awarded in NJ
If the other parent is unwilling to agree to a consent order, then the court will have to make a custody decision. The parent seeking sole legal custody must prove exceptional circumstances or that the other parent is unfit for the judge to award joint legal custody or joint physical custody.
Some reasons for sole custody to be granted are:
- The other parent is absent from the child’s life.
- The other parent abused the child.
- A restraining order is in place.
- Emergency custody is in place.
Because these kinds of family law matters are often contentious, it’s important to have an experienced legal team advocating for your and your child’s best interests.
How Do You Prove a Parent is Unfit in NJ?
New Jersey courts will primarily consider custody based on the child’s best interests. The court will use this standard to decide which parent will provide the child with the most favorable emotional and physical situation. The court will weigh various reasons when determining sole legal custody, including the following.
1. Parent has a history of drug or alcohol abuse or addiction.
If the other parent has a history of addiction, the court will weigh how that impacts the child’s life. For example, is drug paraphernalia left lying around the house? Is the child in physical danger from the parent experiencing addiction? Does the parent fail to care for the health of the child?
2. Parent has serious untreated mental health problems.
The court will look at any diagnosis the other parent may have, including associated behaviors that may or may not endanger the child. Additionally, if there is no diagnosis in their medical records, the court will want to know if the other parent refuses medical care or evaluation for a possible mental health condition.
3. Parent has committed domestic violence.
Does evidence exist of physical or mental child abuse? The court will review the severity of this evidence to determine if it rises to such a level that the child must be removed from the other parent’s care. According to New Jersey law, acts of domestic violence cover physical, emotional, verbal, and sexual abuse, including:
- Threats
- Intimidation
- Isolation
- Financial control
You can learn more about how New Jersey categorizes domestic violence here.
Is Sole Custody Hard to Get in NJ?
New Jersey Statutes §9:2-4 declares that it is in the public interest for both parents to share the rights and responsibilities of child-rearing, and both parents have equal rights under the law. Because of this statute, unless the other parent agrees to relinquish their parental rights, the court will not award sole legal custody except in the most unusual circumstances.
If the child is in danger, you may have more of an opportunity to prove the other parent unfit for joint custody and win sole legal custody. It’s best to consult with a family law attorney to understand your options and make the right choices for you and your family.
How Graziano & Flynn Can Help You Get Sole Custody of Your Child
Sole custody can be difficult to obtain, which is why you need family law attorneys on your side who know what they’re doing. At Graziano & Flynn, we’ve been serving the South Jersey area, including Cherry Hill, Haddonfield, Moorestown, and more, for over four decades.
We’ve had countless successes, helping families navigate the court system to get the outcome that reflected their best interests. When you work with us, you’re not just another custody case number – you become family. We tailor our representation to your specific needs and will fight for the most favorable outcome on behalf of you and your family.
Contact Graziano & Flynn for a Free Consultation Today
At Graziano & Flynn, we put the needs of our clients before everything else. If you are contemplating seeking sole custody or have questions concerning family law matters, we have the skills and experience to guide you through the legal process.
Contact us today for a free legal consultation.
