Divorce is more than the dissolution of a marriage or the distribution of property, it’s a complex legal issue involving the custody of children. Given the strong feelings that can arise from this process, New Jersey custody laws are focused on achieving one condition: promoting the best interests of the child. Each case is unique, so judges must weigh a host of factors when making a determination. 

What Factors Do New Jersey Courts Use to Determine Custody Arrangements?

New Jersey custody laws give the courts significant leeway in fashioning the most appropriate custody arrangements. The factors include:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child.

• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time (which isn’t based on substantiated abuse).

• The interaction and relationship of the child with its parents and siblings.

• The child’s preference, when the child has the intellectual capacity to make such a decision.

• The child’s needs.

• The stability of the home environment offered by the parents.

• The quality and continuity of the child’s education.

• The parents’ fitness to exercise custody.

• The geographical proximity of the parents’ homes.

• The extent and quality of the time spent with the child before or after the separation.

• The parents’ employment responsibilities.

• The age and number of the children.

As you may have noticed, New Jersey’s gender-neutral custody laws are aimed at dispelling the popular misconception of custody being a zero sum game, in which one parent “wins” and the other “loses.” The courts’ goal is to foster a loving and nurturing relationship between both parents and the children, while also strongly encouraging communication and cooperation between the parents. 

What Types of Custody Arrangements Are There?

To that end, four basic concepts of custody have been devised: joint custody, sole custody, legal custody and physical custody. The first two concepts are relatively straightforward. Legal custody refers to the right of one or both parents to make major decisions affecting a child. Physical custody indicates with whom the child primarily resides. In New Jersey, these concepts are not mutually exclusive. While the most common arrangement is joint legal custody with one parent having sole physical custody, there are countless permutations. Sometimes parents may even agree to share legal custody over some matters but not others. 

Can Custody Agreements Be Modified?

It should also be noted that decisions are not set in stone. The following can lead to a modification of the custody arrangement: immediate danger to the child, physical relocation and ignoring the current visitation schedule. Parents are encouraged to engage in mediation and arbitration but failure to work out a mutually-acceptable agreement may lead to a new child custody proceeding. 

If you are seeking an amicable and equitable divorce for all involved or are initiating a new child custody proceeding, you must reach out to an experienced New Jersey child custody lawyer at our firm to learn more about custody laws in New Jersey and how we can help.