Sole Child Custody NJ

Sole Child Custody in New Jersey

Being awarded sole legal custody of a child or children is an uncommon occurence in the State of New Jersey. It is only in rare cases when a court determines that excluding a parent from child visitation and eliminating that parent from any child related decision making is in the best interest of the child. It is generally considered to be beneficial for both parents to participate in making major decisions regarding items such as a child’s education, religion and medical care to name a few.

Sole custody most often is awarded when one parent is obviously derelict in their parental behavior. This behavior is deemed to be prevalent to a degree that the court finds it best that this parent does not have any unsupervised contact with the child. A history of actions such as drug use, violence, total abandonment or incarceration most often result in a parent being excluded from any opportunity to have influence over a child.

The other way for a parent to gain sole child custody is through a mutual agreement that only one parent will have sole legal custody. This type of child parenting requires that a formal written agreement be put in place.

Common Custody Questions

Is sole custody different from residential custody?
Yes it is, sole custody gives the custodial parent full control over all decision making regarding the child. Residential custody refers to the housing of the child and control over everyday decisions.

What is primary custody in NJ?
Primary custody in New Jersey is also referred to as residential custody or the primary residence of the child. A parent being awarded primary custody has control of the day to day decision making, such as TV hours, Internet access, bed time, home work and diet.

How is child custody worked out for unmarried parents?
If parents have never married, the child’s mother has sole custody until a court order changes that status. Unmarried fathers have no legal rights to child custody or visitation of the child unless granted by the child’s mother or through a court decision.

How do you prove a parent to be unfit?
Behavior that may deem a person to be an unfit parent are illegal drug use, history of violence, certified mental issues and incarceration. A well documented history of a person’s behavior including arrests or treatment for any of these activities should be provided to the court at a custody hearing.


Sole Custody Atlantic County, Sole Custody Bergen County, Sole Custody Burlington County, Sole Custody Camden County, Sole Custody Cape May County, Sole Custody Cumberland County, Sole Custody Essex County, Sole Custody Gloucester County, Sole Custody Hudson County, Sole Custody Hunterdon County, Sole Custody Mercer County, Sole Custody Middlesex County, Sole Custody Monmouth County, Sole Custody Morris County, Sole Custody Ocean County, Sole Custody Passaic County, Sole Custody Salem County, Sole Custody Somerset County, Sole Custody Sussex County, Sole Custody Union County, Sole Custody Warren County

  • Legal Custody
  • Legal Child Custody
  • NJ Custody Laws
  • Custody for Fathers
  • Custody for Unmarried Parents




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