Child Custody and Parenting Time

When determining custody arrangements, New Jersey law recognizes two distinct components: legal custody and physical custody.

Legal custody refers to the right and responsibility to make major decisions about a child's health, education, safety, and welfare. In New Jersey, there is a strong presumption in favor of joint legal custody — meaning both parents share in these decisions, regardless of where the child primarily lives.

Physical custody (also called residential custody) determines where the child lives and establishes the day-to-day parenting schedule. Arrangements vary widely depending on the family's circumstances, and no single parenting time schedule fits every situation.

New Jersey courts focus on one overriding principle: the best interests of the child. In evaluating custody, the court is required by statute to consider the following factors:

• The ability of both parents to communicate, cooperate, and reach agreement on matters affecting the child
• Each parent's willingness to accept custody and support the other parent's relationship with the child — and any history of interference with parenting time not rooted in substantiated abuse
• The child's relationships with each parent and with siblings
• Any history of domestic violence
• The physical safety of the child and each parent
• The child's own preference, where the child is of sufficient age and maturity to express a reasoned opinion
• The individual needs of the child
• The stability of each home environment
• The quality and continuity of the child's education
• The overall fitness of each parent
• How close the parents live to one another
• The quality and extent of each parent's involvement with the child before and after separation
• Each parent's work schedule and employment responsibilities
• The age and number of children involved

No custody arrangement is one-size-fits-all. Our attorneys work closely with clients to pursue arrangements that protect the parent-child relationship while keeping the child's well-being at the center of every decision.

Given the complexities involved with child custody and visitation, we advise you to contact one of Gebhardt & Kiefer's experienced family law attorneys at 908-735-5161.  We handle custody, visitation, parenting time, and family law issues throughout New Jersey.