Child custody and parenting time decisions are some of the most important and emotional legal matters a parent can face. In New Jersey, when parents cannot reach an agreement on custody and visitation, the court steps in to make decisions based on the best interests of the child. These decisions involve two main types of custody—legal and physical—and how much time the child will spend with each parent. Understanding the process and factors involved in determining child custody and parenting time can help parents navigate the system and achieve the best possible outcome for their children.
Types of Custody in New Jersey 
In New Jersey, custody is divided into two distinct categories: legal custody and physical custody. Legal custody refers to the right to make major decisions regarding a child’s life, such as decisions about their education, healthcare, and religious upbringing. It involves the authority to make decisions that affect the child’s future.
Physical custody, on the other hand, is where the child primarily lives and who takes care of the child on a daily basis. The court can award physical custody to one parent or split it between both parents, depending on the circumstances and what the court believes is best for the child.
New Jersey courts generally prefer joint legal custody. This means that both parents share the responsibility for making important decisions in the child’s life. However, the court may award sole legal custody to one parent if it finds that joint custody would not be in the child’s best interests. This typically happens if one parent is unable to participate in decision-making due to conflict, distance, or other significant issues.
Physical custody is also often awarded to both parents, with the child spending time with each parent in a shared arrangement. However, in cases where shared physical custody is not feasible, the court may grant primary physical custody to one parent while the other parent receives visitation, known as parenting time.
Factors Considered by the Court in Custody Decisions
When making decisions about custody and parenting time, New Jersey courts take into account a variety of factors to determine what will be in the child’s best interests. The court looks at both parents’ abilities to care for the child and ensures that the child’s emotional, physical, and psychological needs are met.
The court examines the child’s relationship with each parent. It is generally in the child’s best interests to maintain a strong bond with both parents unless there are factors that suggest one parent is unsuitable. The court will consider the parent-child bond and how each parent has been involved in the child’s life up until that point. A close, nurturing relationship with both parents is encouraged, provided that both parents can meet the child’s needs.
The willingness of each parent to cooperate with the other is another important consideration. Courts prefer parents who can communicate effectively and co-parent in a way that benefits the child. If one parent is unwilling to cooperate, this may influence the court’s decision, as joint custody is typically preferred to ensure the child has access to both parents’ involvement in their life.
The child’s wishes may also be considered, especially if the child is older and can express a preference about which parent they would prefer to live with. While a child’s preference is not always determinative, it is an important factor, especially when the child is mature enough to understand the situation.
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The court also takes into account any history of domestic violence, abuse, or neglect. If there are concerns about the safety of the child with either parent, the court will take appropriate measures to protect the child, which may include supervised visitation or other restrictions on parenting time.
Parenting Time and Visitation
Parenting time, also referred to as visitation, is the amount of time a non-custodial parent spends with their child. In most cases, the court will aim to establish a parenting time schedule that is in the best interest of the child. The court considers factors such as the distance between the parents’ homes, the parents’ work schedules, and the child’s school and extracurricular activities when creating a parenting time arrangement.
The goal is to provide the child with regular and meaningful contact with both parents. Courts prefer flexible parenting time arrangements that allow both parents to play an active role in the child’s life. If the parents are unable to agree on a parenting time schedule, the court will step in and set a schedule that it deems appropriate.
In some situations, the court may limit or supervise parenting time if there are concerns about the child’s safety or well-being. For example, if one parent has a history of substance abuse, the court may order supervised visits until the issue is resolved. The court will always make decisions based on the safety and emotional needs of the child.
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Modifying Custody and Parenting Time Arrangements
Custody and parenting time arrangements are not set in stone. If there is a significant change in circumstances, a parent can request a modification to the existing arrangement. Common reasons for modification include a parent moving to a different location, changes in the child’s needs, or changes in the parents’ ability to care for the child.
A parent seeking to modify custody or parenting time must demonstrate that there has been a substantial change in circumstances that warrants a modification. For example, if one parent’s living situation changes in a way that would benefit the child, or if a parent’s behavior is no longer in the child’s best interests, the court may modify the arrangement to better suit the child’s needs.
It is important to note that the burden of proof lies with the parent seeking the modification. They must provide evidence that supports their request for a change in the custody or parenting time arrangement.
What to Do If You Are Facing a Custody Battle
If you are involved in a custody battle, it is important to be well-prepared and document everything. The court will want to see evidence of your involvement in your child’s life and your ability to meet their needs. Keep records of your interactions with your child, including how often you see them, your involvement in their education and health care, and any other relevant activities.
It is also important to maintain open communication with the other parent. Courts favor parents who can co-parent effectively, so demonstrating that you are willing to cooperate with the other parent for the child’s benefit will work in your favor.
Consulting with a knowledgeable family law attorney can also be extremely helpful. An experienced attorney can help you navigate the legal process, gather evidence, and represent your interests in court. They can also help you understand your rights and obligations under New Jersey law and work toward an outcome that benefits both you and your child.
Child custody and parenting time decisions in New Jersey are based on the best interests of the child. Understanding the factors that influence these decisions can help parents navigate the process and advocate for their children. Whether you are seeking joint legal custody, shared physical custody, or working through a visitation schedule, it is important to be informed and prepared. If you need help with your custody or parenting time case, Freeman Law Center, LLC is here to assist you. Contact us for a consultation and let us guide you through the legal process to achieve the best possible outcome for you and your child.