New Jersey Child Custody Basics for Divorcing Parents New Jersey Child Custody Basics for Divorcing Parents New Jersey Child Custody Basics for Divorcing Parents Michele Hart Law

Date: February 4, 2022 | Author: Michele Hart

More often than not, divorcing parents make their own decisions as to custody and parenting time for their children.  New Jersey family courts have the authority to make orders concerning the care, custody, education, and maintenance of children when parents are divorced or about to live separately.

By the same token, it is the public policy of the State of New Jersey to assure that minor children have frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities of child-rearing.

No doubt, divorce is a time of uncertainty and confusion for children.  And it is the way that parents handle the divorce that indicates how well their kids will adjust.

When parents are divorcing, kids need to be reassured that they will be kept safe and that they can depend on their parents to take care of them – even when they are not together.  More often than not, divorcing parents make their own decisions as to custody and parenting time for their children.

Even when a divorce action has been initiated with the court, parents are typically required to attend custody and parenting time mediation with a court mediator who helps facilitate an agreement.  But when parents are unable to agree, the court is authorized to order any custody arrangement, which it determines to be in the best interests of the child.

Whether agreed upon between the parents or ordered by the court, the majority of custody and parenting time arrangements generally fall into one of the following categories:

1.        Joint legal custody with one parent having primary residential custody.

This is an arrangement where the child resides predominantly with one parent but both parents have the right to participate in the major decisions affecting the child’s health, education, and general welfare.  In practice, both parents generally have joint legal custody of the children (except where one parent is incarcerated, or the court has determined one parent is abusive or otherwise deemed unfit to participate in decision-making for the child).

2.        Joint legal and physical custody

This is where the child spends roughly equal time with each parent and both parents share responsibility for the major decisions affecting the child’s health, education, and general welfare.

Particularly when divorcing or divorced parents exercise joint legal custody of their kids, both parents are entitled to records pertaining to their children, including, medical, dental, insurance, child care, and educational records, whether or not the child resides with the parent.  Therefore, divorced or separated parents can request schools and medical professionals to forward them duplicate copies of report cards and other documentation that pertains to their children.

3.        Sole physical and legal custody

In this arrangement, the child lives most of the time with one parent who also makes all major decisions concerning the child’s health, education, and general welfare.

When negotiating your custody and parenting time agreement, it’s important to carefully consider the particular needs of each child and each parent’s responsibilities to determine the best arrangement.

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