Can you seek sole custody in your New Jersey divorce?

Can you seek sole custody in your New Jersey divorce?

| Dec 19, 2019 | Firm News |

Time with your children will be one of the most important considerations if you move forward with your plans to divorce your spouse. Many parents find themselves wondering if it is reasonable to seek sole custody given the specifics of their family situation.

Although the courts do occasionally award custody to one parent, shared custody divided via a parenting plan is far more common than sole custody in modern divorces.

Shared custody typically benefits the children

The primary objective of the New Jersey family courts in any family law case involving minor children will always be the best interest of those kids. Children almost always benefit more from having ongoing relationships with both parents than alienation from one parent as a result of divorce. The New Jersey family courts will likely split both physical and legal custody between you and your ex to make things as positive as possible for your kids.

Do you have an exceptional reason to request sole custody?

Typically, the courts will only consider sole custody arrangements in a handful of situations. One of the most common is when one parent does not seek shared custody or parenting time. Other than that, sole custody usually only occurs in situations where there is a provable history of domestic violence, significant issues with instability, addiction or mental health problems.

If none of those circumstances describe your family situation, it may be time to adjust your expectations and start planning for co-parenting with your ex instead of deciding to fight over every moment of parenting time and making the divorce more difficult.