If My Child Lives With Me, Do I Have Custody?

As child custody lawyers, we often get asked, “If my child lives with me, do I have custody?” It’s a fair question, and the answer might surprise you. Just because your child is living under your roof doesn’t always mean you have legal custody.

This situation can come up in a variety of ways. Maybe you’re a parent who’s taken on all the parental responsibilities alone. Or perhaps you’re a family member who’s stepped up to help out during a tough time.

While these arrangements can work well in the short term, it’s important to remember that informal agreements don’t always hold up in court. Without legal custody, you might not have the right to make important decisions about your child’s upbringing, like their education, healthcare, or religious practices. And if disagreements arise down the road, you could find yourself in a tricky legal situation.

Legal Custody vs. Physical Custody: What’s the Difference?

N.J. Stat. § 9:2-4 governs child custody in our state, which says that the court shall award it based on the child’s best interests.

Legal custody

Legal custody involves the right to make important decisions about the child’s upbringing, such as education, healthcare, religion, and other significant matters affecting the child’s life.

Physical custody

On the other hand, physical custody determines the child’s primary residence and designates the parent responsible for daily care and supervision.

Shared custody

Parents can share legal and physical custody, or one parent may have sole custody in either or both capacities.

It’s possible to have sole physical custody of a child without having legal custody. This rule means that while the child lives with you, you may not have the right to make important decisions about their life without consulting the other parent.

It’s also possible for parents to have joint legal custody even if one parent has primary physical custody. The key difference between the two is that legal custody involves decision-making authority, while physical custody concerns the child’s living arrangements and daily care.

A parent may also exercise legal custody from a distance, whereas physical custody requires the parent’s presence and direct involvement in the child’s daily life.

De Facto Custody in New Jersey

If you have been caring for your child in your home without a formal custody agreement, you may have what is known as “de facto custody.”

De facto custody means you have acted as the child’s primary caregiver, even without a court order.

To prove de facto custody in court, you will need to demonstrate that:

• The child has been living with you for a significant period.
• You have been responsible for the child’s daily needs, such as food, shelter, and education.
• You have formed a strong bond with the child.

While having de facto custody can help establish your rights as a parent, it’s important to note that it does not carry the same legal weight as a formal custody order.

Tackling Custody Laws for Unmarried Parents in New Jersey

Establishing paternity is the first step for unmarried parents in New Jersey to secure custody rights.

According to N.J. Stat. § 9:17-43, you can establish paternity through:

• Voluntary acknowledgment
• Genetic testing
• A court order

Unmarried parents who do so can fight for several custody options, including:

• Joint legal and physical custody.
• Sole legal and physical custody.
• Joint legal custody with one parent having primary physical custody.

It’s always best to have your N.J. family law attorney formalize paternity custody arrangements through the court system to define each parent’s rights and responsibilities clearly.

The Legality of Informal Custody Arrangements

Informal custody arrangements may seem like a simple solution but can lead to legal risks down the road.

Without a formal custody order, both parents retain equal rights to the child, which often provokes disputes over decision-making and parenting time.

Always consider formalizing your arrangement through the court system if you have been caring for your child without a formal custody agreement.

Establishing Legal Guardianship Without Going to Court

If you are currently caring for a child in an emergency situation, you can receive legal guardianship without going through the court system.

Power of attorney

You obtain extrajudicial guardianship through a power of attorney or standby guardianship, which allows a parent to designate a trusted individual to care for a child in the event of illness, incapacity, or death.

Court proceedings

Alternatively, you can petition the court for temporary custody while it decides on a more permanent arrangement if the other parent is unable or unwilling to assign power of attorney over to you.

Long-term caregivers and grandparents usually have custody rights in these situations.

Parental Rights Without a Formal Custody Agreement

Even without a formal custody agreement, both parents have limited rights and responsibilities in New Jersey regarding their child.

Daily decision making

You have the right to make day-to-day decisions about a child’s care, such as what they eat, what they wear, and when they go to bed when the child lives with you.

However, if you want to have a say in major decisions about your child’s life, such as where they go to school or what medical treatment they receive, you will need to establish legal custody either through a parenting agreement or a court order.

Record keeping

Safeguarding proof of your child’s residence and your role in their care is important when your child lives with you, but you don’t have a formal custody agreement.

Documents can include school records, medical records, and receipts for expenses related to the child.

If a dispute arises, you can use this evidence later to establish your custody rights.

Why Seek Legal Advice from a Family Law Attorney

Dealing with custody issues can be emotionally draining, especially if you are trying to do it on your own.

That’s why we always recommend talking to an experienced family law attorney who can help you understand your rights and options.

At Netsquire, we can help you:

• Establish paternity
• Negotiate a custody agreement
• Represent you in court
• Modify an existing custody order
• Enforce a custody order

At Netsquire, family law is all we do. We’ve been helping parents like you for years, and we know how important it is to put your family’s well-being first. Unlike other law firms that might drag things out, we focus on finding solutions that work for everyone involved. We don’t believe in being bullies, but we’re also not afraid to fight for you when things get tough. With our experience and dedication, you can trust us to guide you through the child custody process with care and compassion.

Establish Legal Custody When Your Child Lives With You

Just because your child lives with you doesn’t always mean you have the legal right to make important choices about their life, like where they go to school, getting them medical care, or taking them on trips out of state. That’s why it’s so important to ensure you establish legal custody, even when both parents are on good terms.

At Netsquire, we understand that child custody issues can be confusing and stressful, but they don’t have to be. Our experienced family law attorneys are here to guide you through the legal process and establish your custody rights, all without unnecessary conflict. We prioritize peaceful solutions that protect your relationship with your child. Contact us today to schedule a consultation and take the first step towards clarity and peace of mind.