Child Custody and Parenting Time in New Jersey
When parents separate or divorce, decisions about where children will live and how parents will share responsibility are often the most important part of the case. Domers Bonamassa Farrow represents parents in custody and parenting time matters in Burlington County, Camden County and throughout South Jersey.
New Jersey public policy, stated in N.J.S.A. 9:2-4, is to assure children frequent and continuing contact with both parents after a separation or divorce. In a custody case, the rights of both parents are equal.
Legal Custody and Physical Custody
Legal custody concerns decision-making about a child’s health, education and general welfare. Joint legal custody is common in New Jersey and requires parents to consult with each other on major decisions. Physical custody concerns where the child lives. A child may live primarily with one parent, with parenting time for the other, or divide time between both homes.
The court may order joint custody, sole custody to one parent with appropriate parenting time for the other, or any other arrangement that is in the child’s best interests.
How Courts Decide Custody
When parents cannot agree, the court decides custody based on the child’s best interests. The factors the court considers include:
- the parents’ ability to agree, communicate and cooperate in matters relating to the child;
- each parent’s willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- the child’s relationship with each parent and with siblings;
- any history of domestic violence, and the safety of the child and of each parent;
- the child’s preference, when the child is old enough and capable of forming an intelligent decision;
- the needs of the child and the stability of each home;
- the quality and continuity of the child’s education;
- the fitness of the parents;
- the distance between the parents’ homes;
- the extent and quality of time each parent spent with the child before and after the separation;
- the parents’ employment responsibilities; and
- the age and number of the children.
Under the statute, a parent is not considered unfit unless that parent’s conduct has a substantial adverse effect on the child.
Parenting Plans and Agreements
The court will approve a custody arrangement both parents agree to unless it is contrary to the child’s best interests. When parents disagree, the court may require each parent to submit a proposed custody plan, and parents are generally referred to mediation before a custody trial. A detailed parenting plan covering schedules, holidays, school breaks and communication can prevent future disputes.
Moving Out of State With a Child
Under N.J.S.A. 9:2-2, a child who was born in New Jersey or has lived here for five years generally may not be moved out of the state without the consent of both parents or a court order. Since the New Jersey Supreme Court’s 2017 decision in Bisbing v. Bisbing, courts decide contested relocation requests based on the child’s best interests.
Changing a Custody Order
A custody or parenting time order can be modified when a parent shows a change in circumstances affecting the child’s welfare. Changes in a child’s needs, a parent’s work schedule or a planned move are common reasons to revisit an existing arrangement.
Grandparent Visitation
Grandparents and siblings may apply for visitation under N.J.S.A. 9:2-7.1. Because parents have a fundamental right to raise their children, the person seeking visitation generally must show that the child would be harmed without it.
Related Family Law Pages
Speak With a South Jersey Child Custody Lawyer
If you are facing a custody dispute or need to change an existing order, request a consultation or call (856) 596-2888.
Disclaimer
This page provides general information about New Jersey law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change, and the outcome of any case depends on its specific facts.