When children are involved in a divorce, child custody and support become critical issues, often determining the structure of the family post-divorce. In New Jersey, including Hackensack, the courts always prioritize the best interests of the child when making decisions about custody and support. The goal is to ensure the child’s well-being and stability, while maintaining meaningful relationships with both parents whenever possible.
Types of Child Custody in New Jersey
There are two primary types of custody that the courts address during divorce proceedings: legal custody and physical custody.
- Legal Custody: Legal custody refers to the right to make significant decisions about a child’s upbringing. These decisions can cover important areas such as:
- Education: Decisions regarding which school the child will attend, whether they will receive special education services, or other educational opportunities.
- Healthcare: This includes decisions about the child’s medical treatment, health insurance, and any medical procedures or therapy the child may require.
- Religious upbringing: Parents may need to decide what religion, if any, their child will be raised in and how actively they will participate in religious activities.
- In most cases, New Jersey courts prefer to grant joint legal custody. This means that both parents share the responsibility of making these key decisions. Joint legal custody encourages both parents to be active participants in their child’s life, even if the child primarily lives with one parent.
- Physical Custody: Physical custody refers to where the child will live and which parent will be responsible for the day-to-day care of the child. The court may award:
- Joint physical custody: The child spends significant time living with both parents, though the time may not necessarily be split equally. Joint physical custody works best when both parents live relatively close to each other and can coordinate schedules efficiently.
- Sole physical custody: The child primarily lives with one parent, while the other parent has visitation rights or “parenting time.” Sole custody is usually granted when one parent is deemed better suited to provide a stable environment or if the other parent is unavailable or unfit.
In deciding custody, the court considers several factors, including:
- The relationship between the child and each parent
- The stability of each parent’s home environment
- Each parent’s ability to care for the child and meet their needs
- The child’s preference, if they are mature enough to express one
- Any history of domestic violence or substance abuse
- The willingness of each parent to cooperate with the other in matters related to the child
Ultimately, New Jersey courts favor arrangements that allow the child to maintain a strong relationship with both parents, unless there are significant reasons why one parent should have less involvement.
Child Support in New Jersey
Child support is another essential issue in divorce proceedings involving children. In New Jersey, child support is typically calculated using the state’s Child Support Guidelines, which are designed to ensure that children receive adequate financial support from both parents, even after the marriage ends.
Factors Considered in Child Support Calculations:
- Each Parent’s Income: The court will review the income of both parents to determine how much each should contribute to supporting the child. This includes wages, salaries, bonuses, commissions, and self-employment income, as well as any other sources of income, such as rental income or investments.
- Number of Children: The number of children involved directly impacts the child support calculation. Support amounts will be adjusted based on the number of children who require financial support.
- Parenting Time Arrangements: The amount of time the child spends with each parent, often referred to as “overnights,” plays a significant role in determining child support. If the child spends a considerable amount of time with one parent, that parent may be entitled to more financial assistance to cover the day-to-day expenses of raising the child. On the other hand, if parenting time is more evenly split, the child support amount may be lower.
- Healthcare Expenses: The court also factors in who is responsible for covering the child’s health insurance premiums and any out-of-pocket medical expenses, such as doctor’s visits, prescription medications, or special therapies. If one parent provides healthcare coverage, that may affect the child support calculation.
- Childcare Expenses: For parents who need to work, childcare expenses—such as daycare, after-school programs, or a nanny—can be a substantial cost. These expenses are taken into account when determining child support obligations, ensuring that both parents contribute fairly to the child’s care.
Modifying Custody and Support Orders
It’s important to note that child custody and support orders are not set in stone. Over time, circumstances may change, and either parent may seek to modify the custody arrangement or child support order. Common reasons for seeking a modification include:
- A change in income: If one parent experiences a significant increase or decrease in income, the child support order may be adjusted to reflect the new financial situation.
- Relocation: If one parent needs to move a considerable distance away from the other parent, this can impact custody and visitation arrangements. In some cases, a parent may need court approval to relocate with the child.
- Change in the child’s needs: As children grow, their needs can change. A child who once needed specialized medical care or educational services may no longer require those services, or new needs may arise.
To request a modification, the parent must demonstrate a substantial change in circumstances that justifies the change. The court will review the new situation and decide whether an adjustment is in the child’s best interest.
Conclusion
Child custody and support are two of the most emotionally charged issues in a divorce. In Hackensack, NJ, as in the rest of the state, the courts aim to prioritize the child’s best interests while ensuring that both parents play a meaningful role in their child’s life. Understanding the different types of custody and the factors involved in calculating child support can help divorcing parents prepare for the process and focus on providing a stable, loving environment for their children.
If you’re going through a divorce in Hackensack and need guidance on child custody or support matters, consulting with an experienced Hackensack divorce lawyer can help you navigate the complexities of New Jersey’s family law and ensure that your rights—and your child’s best interests—are protected.