What Is Full Custody?
Often a client will say that he or she wants “full custody.” However, “full custody” does not mean anything specific.
Legal vs Physical Custody
In New Jersey, there are two main types of custody—and “full” is not one of them: legal (sole or joint) and physical (sole or joint) custody. Below, we’ll go over the specifics of each type.
Joint and Sole Legal Custody
Joint legal custody shared by two parents allows them to have decision-making power and input over a child’s health, safety, education, and welfare. A legal custodian is entitled to health and educational information for the child.
It is, however, possible for a parent to have joint legal custody but not be involved in the child’s life in a significant way. In fact, it is very rare in New Jersey for one parent to have sole legal custody, where one parent would have sole decision-making power over the child’s health, education, and welfare to the exclusion of the other parent.
Joint and Sole Physical Custody
Physical custody, as opposed to legal custody, is the amount of time a child actually spends with a parent. Joint physical custody typically refers to a 50/50 arrangement (also known as shared physical custody) or a significant amount of parenting time.
Sole physical custody usually means that the non-custodial parent has either no parenting time, or very limited parenting time.
Contact Our Attorneys to Discuss Custody
Determining custody over children during a divorce can be the most difficult and emotional issue. Rigden Lieberman is here to help. Contact us today.