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Shared Physical Custody

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When it comes to determining the physical custody of a child, New Jersey law does allow for both parents to have shared physical custody.

Also known as joint physical custody, shared physical custody may be determined by the court in the best interest of a child if:

  • Established relationship: The child has an established relationship with both parents.
  • Sources of love and security: In the child's view, both parents provide this.
  • Fit for parenting: Both parents are physically and psychologically capable of fulfilling the role of parent.
  • Each parent shows potential to cooperate: In matters of child rearing and this does not necessarily mean both parents have an amicable relationship, just that they can put their differences aside when parenting.

(These factors became a part of New Jersey case law in the decision Beck v. Beck.*)

If you are thinking about shared physical custody in your divorce agreement, talk to us first. Contact our team of child custody attorneys today!

Considering Joint Physical Custody? Something to Keep in Mind.

Because joint physical custody necessarily places additional financial burdens on the family, the court also looks at the practical considerations, such as the financial status of the parents, the demands of parental employment, the proximity of their respective homes, and the age and number of the children.

The time spent with each parent will not necessarily be equal. New Jersey laws on joint physical custody and parenting time also require each parent to have the children live in the home for at least 105 out of the year, in order to qualify for shared custody.

Questions About Joint Physical Custody? Talk to Us.

At the Law Office of Steven P. Monaghan, LLC, we have had more than 60 years of combined experience answering the questions of clients like you considering joint physical custody.

Contact one of our Monmouth County custody attorneys by calling (732) 624-6343 and schedule your free consultation today!

*Beck v. Beck, 86 N.J. 480 (1981)

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