Sole custody means that both the child’s physical and legal rights are in the care of the custodial parent. The non-custodial parent maintains the parent-child relationship through defined visitation rights. As society has evolved into a less gender-biased culture, the New Jersey court systems have moved away from generally awarding sole custody to the mother. It is widely recognized that the active involvement of both parents is the best way to proceed, and the father’s role has enlarged over the years. To accommodate this shift in cultural roles, courts sometime award physical custody for one parent while both parents share legal custody, along with a generous visitation schedule.
However, in New Jersey, more often than not, award joint physical and legal custody. The court takes issues such as alcohol or drug dependency, child abuse charges, or neglect charges into account and will not hesitate to award sole custody if either parent is deemed unfit. The awarding of sole custody can cause much friction in a relationship, and it is generally not recommended to seek sole custody unless one parent is a direct harm to the children.