Seven Frequently Asked Questions About New Jersey Child Custody

If parents are unable to reach a decision between themselves regarding child custody, determining custody, parenting time, and related issues then becomes an issue for the court. A court utilizes what is known as the best interests of a child standard in making custodial decisions in a divorce case.

The best interests of a child standard requires a court to weigh and balance a number of factors when working to determine how custody should be arranged in a specific case. Examples of factors include:

• Consideration of which parent has been the primary caretaker of a child
• Overall physical, mental, and emotional health of the parents
• Residential situation of the parents
• Age of child or children
• Whether there is more than one child in the family

Both legal and residential (or physical) custody are established in a divorce case. Legal custody is the designation of a parent (or both parents acting jointly) to make decisions on major life issues for a minor child. Major life decisions include such matters as:

• Healthcare
• Education
• Religion

Residential or physical custody is the determination of where a child will live during and after a divorce and how a child will spend time with both parents.

Statutes governing child custody in New Jersey provide for a number of different types of custodial arrangements when a divorce case involves a child or children. These include:

• Sole residential or physical custody
• Shared residential or physical custody
• Custody based on primary and alternate residences

In additional, legal custody can be shared by both parents or one parent can be granted sole legal custody.

A child custody arrangement or child custody order can be altered, amended, or changed at a later juncture in time. Parents can agree to alter an existing custody arrangement. Such an agreement will need to be approved by the court and made a part of a new or amended custody order.

If the parents cannot agree on a change that one parent does desire, a court ultimately will be the decisionmaker. A change will need to be determined to be in the best interests of the child or children.