Obtaining Physical Custody
Physical custody involves the day to day care of the child, where the child resides and this is usually the issue in disputed custody cases. In most cases there will be one primary parent (this is the parent who the child resides with a majority of the time). There will also be a parent of secondary or alternate residence. The parent of alternate residence is the parent that does not primarily reside with the child.
In order to handle your child custody matters with care and great consideration, it is imperative to secure the trusted counsel of a Monmouth county child custody attorney. At The Law Office of Darren C. O'Toole, LLC, we strive to provide the up-most support as you handle your child custody matters. Our mission is to help you achieve a favorable legal outcome for physical custody of your children.
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In making a determination of legal or physical custody, a New Jersey Court will consider but not be limited to the factors which are established in N.J.S.A 9:2-4. Joint physical custody necessarily places an additional financial burden on the family. Although exact duplication of facilities and furnishings is not necessary, the trial court should insure that the children can be adequately cared for in two homes.
The physical custody of a joint custody award requires examination of the following areas:
Financial status of the parents
Proximity of their respective homes
Demands of parental employment
Age and number of the children
There are many different types of custody arrangements and parenting time schedules that the parties can utilize depending on their circumstances. Some parties opt for a parenting time schedule which includes dinner visits as well as overnight visitation every other weekend. Other parties seek schedules that provide equal parenting time to both parties.
The Law Office of Darren C. O'Toole, LLC is here to help you through the legal process to secure your best interests. Our Monmouth County child custody attorneys can work diligently to help you achieve your goals revolving the physical custody of your children.