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Legal Information: New Jersey


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Laws current as of
January 8, 2024

What is custody?

Custody is the legal responsibility for the care and control of your minor child under 18. There are two types of custody: legal and physical.

Although it is not clearly defined in New Jersey statutes, legal custody usually refers to the right to make major decisions about your child. Some types of decisions generally included in the right of legal custody are:

  • where your child goes to school;
  • whether your child gets surgery; and
  • what kind of religious training your child receives.

Physical custody refers to who your child lives with on a day-to-day basis. It is the physical care and supervision of your child.1

1 N.J. Stat. § 2A:34-54