New Jersey Child Custody Laws
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Created by FindLaw's team of legal writers and editors | Last updated June 01, 2018
New Jersey, along with all other U.S. states and the District of Columbia, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps prevent interstate child custody conflicts. In general, child custody laws dictate whether parents may seek joint custody, the rules for visitation, and the procedures for ordering custody. According to New Jersey child custody laws, grandparents may legally request visitation rights.
There are two main aspects of custody in New Jersey (and in other states):
- Physical Custody: where the child will spend their time; and
- Legal Custody: which parent(s) is/are responsible for decision-making on behalf of the child.
How Courts Determine Child Custody in New Jersey
New Jersey courts consider a number of factors when determining child custody orders, but primarily consider the best interests of the child. If the parents are seeking joint custody, the court will examine their ability to agree, communicate, and cooperate with regard to the child. Also, any history of domestic violence will figure prominently in any custody or visitation decision. If the non-custodial parent has a history of domestic violence or the court determines a need for precaution, they may be eligible for supervised visitation with their child.
Other factors considered when determining child custody in New Jersey may include (but are not limited to):
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