in Pennsylvania and New Jersey
In both Pennsylvania and New Jersey, custody determinations are made based upon what is in the “best interest of the child.” There are a number of factors to be considered when determining the child’s best interest. They include being able to take care of the child’s daily needs, the parties’ work schedules, the mental and physical health of the parties and child, whether there was any past abuse or risk of abuse, and the availability of extended family.
In both states, there are two types of custody, “legal custody” and “physical custody.” Legal custody refers to which parent is entitled to make the major decisions for the child such as their medical, educational and religious upbringing. Unless there are concerns for a parent’s decision-making ability, like one parent having mental health or substance abuse issues, typically most parents will equally share in the major decision making for the child.
Physical custody refers to where the child will be living. Physical custody takes the custody factors into consideration and what custody schedule will be in the child’s best interest. In some cases that means the parents will equally share time with the child. In other cases, the child will live primarily with one of the parents. As there are a number of custody factors and arguments to be made over what is in the child’s best interest, it is crucial to have an experienced family law attorney to present your custody case in a persuasive manner to ensure your goals are met and your rights protected.
The attorneys at Console Matison LLP have extensive experience handling custody cases in both Pennsylvania and New Jersey. We know how stressful and daunting the custody process can be. We are dedicated in educating our clients and helping them achieve an outcome that serves their needs and benefits their children.
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