Child Custody

Child custody can be one of the most embittering aspects of a divorce, or it may be an amicable agreement reached between both spouses.

2012-08-01

JERSEY CITY, NJ, August 01, 2012 (Press-News.org) Child custody can be one of the most embittering aspects of a divorce, or it may be an amicable agreement reached between both spouses. However a decision is reached, it must be approved by a judge. If you and your spouse are unable to reach an agreement, the court will reach one for you. Various factors will be considered when deciding what is in the best interest of the child.

How is Child Custody Decided?

The court's overriding goal is determining what is in the best interest of your child, or children. Various factors may influence child custody determination, including:

- Child's preference
- Where the child goes to school
- Mental and physical health of each parent
- Child's emotional bond with each parent
- Whether the child has established religious and social activities at current home
- Each parent's lifestyle
- Whether a particular parent exposes child to unsafe conditions, such as second-hand smoke, alcohol or drug abuse
- Any history of child abuse for either parent

There are many other additional factors which may be considered when deciding child custody, some specific to the particular family, such as cultural considerations and whether there are any other house members who serve an important role in the child's life.

In some child custody cases, it may be necessary for the courts to consider who the child's primary caretaker is. Preference may be given to the primary caretaker under certain circumstances. If you have been largely responsible for your child's care - including preparing meals, taking your child to social activities, taking your child to sports and other hobbies, and helping your child with schoolwork - you may be considered the primary caregiver. In certain states this designation may be an important part of determining child custody.

Physical vs. Legal Child Custody

If you are awarded physical custody, your child will primarily live with you, although an agreement may be made for the child to stay some of the time with the other parent. Legal custody refers to who is responsible for making decisions about the child's education, religion and other life matters. Oftentimes legal custody is shared.

If you wish to negotiate a child custody agreement with your spouse with as little court involvement as possible, a family lawyer can make sure you are not taken advantage of. A lawyer can also represent your interests if custody is decided by the court.

To learn more about child custody issues in Jersey City, New Jersey, please visit the website of the Law Offices of Anthony Carbone, PC at www.anthonycarbonepc.com.

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