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Sole Custody versus Joint Custody
What are the benefits of sole custody when both parents are equally fit?
Sole custody means that one spouse has residential custody of the child as well as the right to without any consultation to make all of the day-to-day and major decision for the child. The custodial parent as the right to make decisions on the child's health, education and welfare. The other party is only entitled to visitation.
In New Jersey it is the public policy that both parents shall share the rights and responsibilities of child rearing. See, N.J.S.A. 9:2-4. Therefore, most courts always encourage the parties to agree to a joint custody arrangement.
How does a family court define joint custody?
In the case of ,Beck v. Beck, 86 N.J. 480 (1981), the court stated that:
Joint custody attempts to solve some of the problems of sole custody by providing the child with access to both parents and granting parents equal rights and responsibilities regarding their children. Properly analyzed, joint custody is comprised of two elements - legal custody and physical custody. Under a joint custody arrangement legal custody - the legal authority and responsibility for making "major" decisions regarding the child's welfare - shared at all times by both parents. Physical custody the logistical arrangement where the parents share the companionship of the child are responsible for "minor" day-to-day decisions, may be alternated in accordance with the needs of the parties and the children. Id. at 486.
I have joint legal custody of our two children with my former husband. However…
I am their primary caretaker. What special legal rights do I have with regard to the children by being the primary caretaker?
It is important to emphasize that a primary caretaker has many special rights with regard to the children even if a joint custodial arrangement is agreed to.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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