Child Custody & Parenting Time

Child custody can be by far the most difficult and emotionally tolling issue in a divorce. It is understood that your child(ren) are the most important part of your life and you would give anything for them. However, when parents cannot agree on a custody determination, that can quite quickly escalate into an extremely contentious issue in your divorce.

In New Jersey, there are two types of custody that exist: legal custody and physical custody. Let’s take a look at both.

• Legal custody – Legal custody is the determination between parents to make decisions regarding their children’s health, education, religious upbringing, and the like.
  
• Residential/Physical Custody – Residential or physical custody is the determination of where the child(ren) will physically reside post-divorce

Legal Custody

In the majority of cases, legal custody will be shared jointly between parents such that the decision making involved will need to be decided jointly and with consent.  There are a few exceptions to this joint arrangement.  There are circumstances where a Court will award sole custody of a child to one parent, such as in extreme cases of child abuse/neglect, incarceration, parental alienation, etc.  If you are seeking sole legal custody of your child(ren), it is extremely important to discuss the specific facts and circumstances surrounding your case with an experienced attorney at the Rose Law Firm, LLC.

​Physical or Residential Custody

Physical or residential custody is a much more debatable issue.  In every custody determination, a Court in New Jersey is guided by the best interests of the child or children.  There are some circumstances where one parent will be the parent of primary residence and the other parent will be the parent of alternate residence.  A parenting schedule will need to be determined in the best interests of the child wherein the child may reside with one parent more of the time than the other.  There may also be a joint residential custody arrangement where parenting time is shared equally between parents.  This is more typical when parents can reside within a close proximity to one another and share joint responsibility of their children.

What if you can’t agree on custody?  How does the Court decide who gets custody?

​In the difficult situation where parents are unable to agree on either a legal or physical custody arrangement, the Court will make such a determination.  The factors considered by the Court in making such a determination are as follows:

• The ability of the parents to communicate, cooperate and agree concerning the child;
• The willingness of the parents to accept custody and any history of unwillingness to allow parenting time that was not based on substance abuse concerns;
• The relationship and interaction between the child and its parents and siblings;
• The age of the child and the ages of the child's siblings;
• The safety of the child;
• Any history of domestic violence and the safety of either parent from physical abuse perpetrated by the other parent;
• The preference of the child based on the child's age and maturity;
• The proximity of the homes of the parents;
• The stability of the home environment offered;
• The quality and continuity of the child's education;
• The fitness of both of the parents;
• The extent and quality of time spent with the child by each parent both before and after the parents' separation;
• The employment responsibilities of the parents; and
• The needs of the child.​

Modification of Custody

After a Court makes a determination regarding custody, that does not mean that custody can never change in the future.  Custody and parenting time is a fluid issue, that is subject to modification upon a showing of changed circumstances.  The Court is always guided by the best interests of the child and if you believe that circumstances have changed since the last custody or parenting time determination that warrants a modification, contact an experienced attorney at the Rose Law Firm to discuss your options.