Child Custody in New Jersey: The Basics

Bringing children into a divorce adds to the complexity and emotional toll already imposed on the separating couple. However, once you know the facts and see your options it won’t look nearly as daunting.

There are many types of custody arrangements created by parents and recognized by New Jersey Courts. While there is lots of room for variation in specific cases, the basic premise is simple. Custody is a two-tiered concept.

NJ Child Custody Tier One: Legal Custody

The first tier is the decision-making responsibilities of the parents. This is often called “legal custody” and it usually takes one of two forms – joint legal custody or sole custody.

• Joint legal custody requires both parents to confer and agree upon major decisions about the child(ren)’s health, education, welfare and safety.
• Sole legal custody gives one parent that decision-making responsibility without any input from the other.

By agreement, parents can create hybrids of these two generally accepted concepts.

NJ Child Custody Tier Two: Physical Custody

The second tier of custody is the physical custody of the child(ren). Many times, one parent receives the primary residential custody of the child(ren). In these cases, the child(ren) would reside with the primary residential custodian, who is responsible for their supervision, lodging and day-to-day decisions. The non-physical custodial parent has rights of physical custody based on a schedule that is agreed upon or ordered by the Court. The parties are free to agree upon and the attorneys are free to request that the Court order the physical custody arrangement which serves the children’s best interests.

Shared residential custody arrangements (where the child(ren) spend equal amounts of time with both parents) have become more common. This can mean alternating days, weeks, months, or any combination thereof.

Worried About Getting Your Fair Share?

Except in rare cases where one parent is incapable of parenting and supervising a child, the law provides unbiased, equal rights to the physical custody of the children. Parents possessing basic skills of parenthood will ordinarily have physical custody of their children on alternating weekends, holidays and large blocks of time from summer vacations and other school closings. Thus, a contested physical custody dispute typically centers on those evenings prior to school days (Sunday through Thursday evening). When one considers the parents’ work schedules, the children’s extra-curricular and social activities, a contested physical custody dispute may involve just a few hours during a few evenings each week. When explained to the parents like this, they often come to an agreement more easily.

How Grandparents Can be Involved

For many years the courts allowed grandparents to petition for visitation time with their grandchildren. This right was given by statute and recognized by case law. Recently, the courts have been exceptionally careful in allowing this type of action to go forward, because of the intrusion on a parent’s right to raise his or her child(ren). A grandparent must establish that actual harm will come to the child if visitation is not awarded.

In sum, the New Jersey Court has your back and will help you work out a fair arrangement for child custody. And Gruber, Colabella, & Thompson will do the same. We care deeply about our clients and will work to obtain the best possible outcome in your unique situation. Request a free consultation here.