Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child.
In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation).
Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In New Jersey, child custody laws aim to ensure the best interests of the child are the primary concern in custody and parenting time decisions. The state recognizes several types of custody arrangements, including joint legal custody, where both parents share decision-making responsibilities, and sole custody, where one parent has primary decision-making authority. New Jersey courts may grant visitation rights, including supervised visitation, to the non-custodial parent unless it is deemed harmful to the child's welfare. When determining custody, New Jersey courts consider various factors, such as the parents' ability to agree, communicate and cooperate in matters relating to the child, the child's needs, the safety of the child, the stability of the home environment, and the quality and continuity of the child's education. The preference of a child of sufficient age and capacity may also be considered. If a parent is found unfit due to factors like substance abuse, neglect, or abuse, they may lose custody rights. Child custody is regulated under Title 9 and Title 2A of the New Jersey Statutes, which cover child welfare and matrimonial actions, respectively. Guardianship and adoption are separate legal processes that transfer the care and responsibility of a child to another individual, often in the absence of the child's natural or adoptive parents.