Child Custody & Visitation FAQs

In New Jersey, child custody refers to the legal arrangements regarding the care, control, and upbringing of a child after a divorce or separation. Child custody can be divided into two main categories legal custody and physical custody.

In New Jersey, joint custody refers to a custody arrangement where both parents share rights and responsibilities for their child’s upbringing. Joint custody can involve both legal and physical custody of the child:

Joint legal custody: This is when both parents have the right and responsibility to make important decisions about their child’s upbringing, such as choices about education, healthcare, religion, and other significant matters. Joint legal custody ensures that both parents have a say in their child’s life and can contribute to decision-making processes.

Joint physical custody: This is when the child spends significant time with both parents, dividing their time between the two households. Joint physical custody allows the child to maintain a close relationship with both parents and ensures that both parents are actively involved in the child’s day-to-day life.

New Jersey courts often favor joint custody arrangements, as they generally promote the best interests of the child by encouraging cooperation and communication between the parents. However, the specific terms of joint custody, including the division of parenting time, will depend on various factors, such as the child’s needs, the parents’ work schedules, and the geographical proximity of the parents’ homes.

In New Jersey, sole custody refers to a custody arrangement in which one parent has exclusive rights and responsibilities for the child’s upbringing. Sole custody can involve both legal and physical custody of the child:

Sole legal custody: This is when one parent has the exclusive right and responsibility to make important decisions about the child’s upbringing, including choices about education, healthcare, religion, and other significant matters. The parent with sole legal custody has the authority to make these decisions without needing the consent or input of the other parent.

Sole physical custody: This is when the child primarily resides with one parent, while the other parent may have visitation rights. The parent with sole physical custody is responsible for the day-to-day care of the child, providing a stable home environment and meeting the child’s basic needs.

Sole custody is less common in New Jersey, as courts typically favor joint custody arrangements that encourage cooperation and communication between parents and maintain a close relationship between the child and both parents. However, there are circumstances where sole custody may be granted, such as when one parent is deemed unfit to care for the child due to a history of abuse, neglect, or addiction, or when one parent is consistently uncooperative or unable to communicate effectively with the other parent.

When determining whether to grant sole custody, the court will consider the best interests of the child, considering factors such as the child’s relationship with both parents, each parent’s ability to provide a stable and nurturing environment, and any history of domestic violence or abuse.

In New Jersey, the courts determine child custody based on the “best interests of the child” standard. This means the court considers a variety of factors to create a custody arrangement that best serves the child’s overall well-being. Some of the factors considered when determining child custody in New Jersey include:

– The parents’ ability to communicate, cooperate, and make decisions jointly for the child
– The child’s relationship with each parent
– The child’s needs, preferences, and interests
– The stability of each parent’s home environment
– The geographical proximity of the parents’ homes
– The parents’ work schedules and availability to care for the child
– The quality and continuity of the child’s education
– The child’s age and developmental needs
– The fitness of each parent to care for the child, including any history of abuse, neglect, or substance abuse
– Any history of domestic violence or abuse in the household
– The willingness and ability of each parent to accept custody and facilitate a relationship between the child and the other parent
– The child’s preference, if the child is of sufficient age and capacity to form an intelligent decision
– Any other relevant factors that may impact the child’s best interests

Yes, child custody arrangements can be modified in New Jersey if there is a significant change in circumstances that affects the best interests of the child. The primary goal of any custody modification is to ensure that the child’s welfare and well-being are prioritized. To request a modification of an existing custody order, the parent seeking the change must demonstrate to the court that there has been a substantial and permanent change in circumstances since the original order was issued, and that the proposed modification would be in the best interests of the child.

Visitation, also referred to as parenting time, is the time that a non-custodial parent spends with their child after a divorce or separation in New Jersey. Visitation allows the non-custodial parent to maintain a relationship with their child and remain involved in their upbringing, even if they do not have primary physical custody.

In New Jersey, a parenting plan is a written document that outlines the custody and visitation arrangements for a child after a divorce or separation. A parenting plan serves as a roadmap for parents to navigate the complexities of co-parenting and provides a clear set of guidelines for both parents to follow.

Yes, a parenting plan in New Jersey can be modified if there is a substantial change in circumstances that affects the best interests of the child. A substantial change in circumstances can include, but is not limited to, a significant change in the child’s needs, relocation of one of the parents, a change in work schedule, or a change in the parents’ relationship.

A visitation schedule in New Jersey is a court-ordered schedule that outlines the specific times and dates that a non-custodial parent is allowed to spend time with their child. Visitation schedules are typically included as part of a parenting plan and are tailored to meet the specific needs of the child and the family.

Yes, a visitation schedule in New Jersey can be modified if there is a substantial change in circumstances that affects the best interests of the child. A substantial change in circumstances can include, but is not limited to, a change in the child’s needs, a change in a parent’s work schedule, or a change in the parents’ relationship.

To modify a visitation schedule, the parent seeking the change must file a motion with the court and demonstrate that a substantial change in circumstances has occurred. The court will then evaluate the motion and determine whether the proposed modification is in the best interests of the child.

If both parents agree to a modification of the visitation schedule, they can submit a modified visitation schedule to the court for approval. However, if the parents cannot agree on the changes, the court will make the final determination.

It is important to note that a visitation schedule should not be modified without a court order. If a parent unilaterally changes the visitation schedule without court approval, they could be held in contempt of court and may face legal consequences.

Supervised visitation in New Jersey is a type of visitation where a third party, such as a family member or a professional agency, is present during the visitation between a non-custodial parent and their child. The third party is responsible for ensuring that the visitation is safe and appropriate for the child. Supervised visitation may be ordered by the court in situations where there are concerns about the safety or well-being of the child.

In New Jersey, a parenting coordinator is a trained professional who is appointed by the court to assist divorced or separated parents in resolving disputes related to parenting time and decision-making. Parenting coordinators are typically licensed mental health professionals or attorneys with specialized training in family law.

The role of a parenting coordinator is to help parents communicate more effectively, work together to make decisions about their children’s upbringing, and resolve conflicts in a constructive manner. They can also help parents develop and implement a parenting plan that meets the unique needs of their family.

Parenting coordinators can be appointed by the court or agreed upon by both parents. They are empowered to make recommendations to the court regarding parenting issues, but they do not have the authority to make final decisions or modify court orders.

No, a parenting coordinator in New Jersey does not have the authority to make decisions about custody and visitation. While a parenting coordinator can help parents communicate and work together to develop a parenting plan, they cannot modify or make decisions regarding court orders related to custody and visitation.

It is highly recommended to seek the assistance of an experienced family law attorney in New Jersey when dealing with child custody and visitation issues. Child custody and visitation disputes can be complex and emotional, and a knowledgeable attorney can help you navigate the legal system and advocate for your rights and the best interests of your child.
An experienced family law attorney can help you avoid common pitfalls, such as making statements that could be detrimental to your case, failing to meet important deadlines, or agreeing to unfavorable terms in a settlement agreement.
While it is possible to represent yourself in a child custody or visitation case, it is not recommended. The legal system can be complex and confusing, and the outcome of your case could have a significant impact on your child’s life. An attorney can provide you with the legal knowledge, skills, and resources necessary to navigate the process successfully and achieve the best possible outcome for you and your child.