What does residential custody mean?

Asked over 5 years ago - Juliustown, NJ

IM 16 and my mom and dad have gone through court for child support and visitation. The judge said cause I live with my aunt she has residential custody. What does that mean cause no one has gave me a straight answer and me and my aunt don't know what to do if we should fight for custody or if residential custody will allow me to stay at her house.

Attorney answers (1)

  1. David Perry Davis

    Contributor Level 17

    Answered . I'm sorry the judge didn't explain it to you.

    There are two aspects to custody in New Jersey, legal custody and residential custody. Legal custody is who gets to make adult decisions for you (like elective surgery, where you go to school, etc). Residential custody means "where you live." It's possible a judge would order joint legal custody between your aunt and parents (you didn't say), which would mean they need to try to cooperate and communicate with each other on big decisions.

    Residential custody just means you live with your aunt.

    If the order doesn't specify it, your aunt has residential and legal custody of you.

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