The issue of child custody often occurs during a divorce. The courts have to determine which parent, relative, or other adult should have physical and/or legal control and responsibility for all children under the age of 18.
A divorce is a very difficult and stressful time for both parents and it will always impact the children.
Anthony Kearns, Victor Rotolo, and the experienced attorneys at Kearns Rotolo Law are familiar with all aspects of child custody laws and will ensure that your child's best interests are represented at all times.
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, marking his seventeenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
Determining Child Custody
Some factors that help to determine child custody include the lifestyle, health, and financial state of each parent, history of domestic violence, stability of the home environment, and the relationship of the child with their siblings and parents.
Child Custody: Legal v. Physical
There are two kinds of child custody: legal custody and physical custody.
Legal Custody: A parent’s decision–making responsibilities are referred to as legal custody, which can be divided into joint legal custody or sole legal custody.
- Joint legal custody requires both parents to agree on any major decisions concerning the children, such as education, medical, and general welfare.
- Sole legal custody gives one parent the sole authority over the decisions without input from the other parent.
Physical Custody: Physical custody refers to the obligations of the parent to have the child live with him/her. Many times physical custody is shared so the child is able to spend an equal amount of time with each parent.
The primary residential parent is responsible for lodging, supervision, and day-to-day decision making. The other parent, the non–physical custodial parent, is given rights of visitation and a schedule that is agreed upon by both parents. Parents are encouraged to schedule visitations in order to continue parental contact with the children after the marriage has ended.