Can I Get Custody of my Child During My New Jersey Divorce?

child custody divorce new jersey

Life will not stop to let you catch up just because you are going through a divorce. Divorcing parents who need to arrange the schedules and everyday activities of their children may find this especially true. Nevertheless, parents have ways to establish temporary child custody to maintain a regular schedule until the parties can reach a formal child custody arrangement. While not required, co-parents may find these temporary child custody arrangements helpful. For more information on whether you can get custody of your child during a divorce in New Jersey, please read on, then contact one of our experienced temporary child custody attorneys in Bergen County, NJ today.

How do you maintain custody of your child during a divorce in New Jersey?

The divorcing spouses may reach a pendente lite or “pending litigation” agreement, which may include other issues such as child support and alimony. To reach such an agreement, the parties may choose one of the following options:

  • An amicable out-of-court agreement: If you and your spouse do not have any major disputes and can agree to a temporary arrangement while you work out the permanent terms of your divorce agreement, or
  • Petitioning the courts for assistance in coming to a temporary arrangement: Either spouse may ask for this hearing, at which the courts will review the case and issue a court order that will govern child custody until you reach a final agreement.

How is temporary child custody determined during a divorce in New Jersey?

If you or your co-parent formally requests a child custody hearing, the courts will examine your situation and create a temporary child custody agreement. Considering that the courts have the child’s best interests front and center, judges will examine many factors when determining the terms of your agreement, including:

  • Financial standing of each co-parent
  • Living situation of each co-parent
  • Relocation of either co-parent
  • The child’s relationship with each parent and how involved each has been with caring for the child
  • The child’s needs
  • The parents’ ability to communicate and cooperate

What kind of custody arrangement might I get during my divorce?

While temporary child custody agreements follow similar standards to final child custody agreements, the courts will not consider them during your divorce proceedings, unless the arrangements of a temporary agreement led to a scenario that necessitates a change. Even so, the most basic child custody arrangements include:

  • Sole physical custody: When a child spends fewer than two overnights with the noncustodial parent, who may have ample parenting time.
  • Shared physical custody: When a child spends significant, but not necessarily equal time with each parent.
  • Joint physical custody: When a child spends an equal amount of time with each parent.

While uncommon, due to the extremely high level of coordination and cooperation required, the latter is not impossible.

In any event, you should reach out to one of our skilled child custody attorneys in Bergen County, NJ immediately.

Contact our experienced Bergen County firm

To speak with our team of family law lawyers today, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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