Divorcing parents in New Jersey have several options when it comes to developing a post-divorce parenting plan. Custody options in New Jersey include (but are not limited to) equal parenting time, unequal parenting time, co-parenting, sole custody, and bird’s nest custody. With that said, the options available in any particular case will depend on the specific circumstances.
Last month, we published an article discussing divorcing parents’ custody and visitation rights in New Jersey. In that article, our Vineland divorce lawyer introduced some of the primary custody options that are available. Here, we’re taking a closer look at these options, and you’ll also find tips and FAQs for parents preparing to start the divorce process.
5 Examples of Custody Options in New Jersey
When divorcing parents are willing to work together, they have the flexibility to develop a post-divorce parenting plan that reflects their respective needs and wishes—as long as it also reflects their children’s best interests. Post-divorce parenting plans can take a variety of forms, and divorcing parents will want to work closely with their respective divorce lawyers to ensure they consider all available options.
With this in mind, here are five examples of custody options in New Jersey:
1. Equal Parenting Time
One option is for parents to share equal parenting time (or “physical custody”) after their divorce. When divorced parents have equal parenting time, they may also have equal decision-making rights (or “legal custody”), or one parent may still have primary decision-making authority over matters such as education, religious upbringing, and medical care.
2. Unequal Parenting Time
Sharing unequal parenting time is an option as well. Divorcing parents can agree to divide their post-divorce parenting time however they choose (subject to compliance with New Jersey’s “best interests” standard), and judges can award unequal parenting time when divorcing parents are unable to reach an agreement on their own. Unequal parenting time arrangements can range from one parent having their children four days per week while the other parent has three days of weekly custody to more traditional every-other-weekend custody and visitation plans.
3. Co-Parenting
With co-parenting, divorced parents continue to jointly play a role in their children’s lives. They may attend games and recitals together, and they may even continue to celebrate birthdays and holidays as a family. While co-parenting isn’t right for all divorcing couples, when it makes sense, it can be a good option for everyone involved.
4. Bird’s Nest Custody
Bird’s nest custody is a unique custody arrangement in which the children live in a single home full-time while their parents rotate between homes. As with co-parenting, bird’s-nest custody will not be a viable option in all cases. But, if this option is of interest to you, you should absolutely discuss it with your Vineland divorce lawyer.
5. Sole Custody
In New Jersey, sole custody is only available in limited circumstances. Seeking sole custody requires proof that it is not in your children’s best interests to spend time alone with their other parent. If you believe that it is in your children’s best interests for you to seek sole custody, you should discuss this option with your Vineland divorce lawyer as well.
Preparing for a Divorce When You Have Minor Children in New Jersey
Whatever your goals regarding post-divorce parenting time may be, it is important to ensure you are prepared for the divorce process. With this in mind, here are a few important tips for preparing for a divorce when you have minor children in New Jersey:
- Learn More About New Jersey’s “Best Interests” Factors – New Jersey’s “best interests” factors will play a key role in all custody-related decisions during your divorce. You can learn more about these factors in the article linked above.
- Spend Time Thinking About Your (and Your Spouse’s) Wants and Needs – You should spend time thinking about your goals regarding post-divorce parenting time and what will be feasible long-term. You should also consider your spouse’s wants and needs.
- Don’t Overlook Other Aspects of Post-Divorce Parenting – Developing a post-divorce parenting plan isn’t just about creating a custody schedule. During your divorce, you will want to address issues such as transportation, curfews, and screen time as well.
FAQs: Establishing a Parenting Plan During Your Divorce
Can spouses agree to a parenting plan during the divorce process in New Jersey?
Yes, spouses who can work together can agree on a parenting plan during the divorce process in New Jersey. Divorcing spouses must ensure that their parenting plan is comprehensive and serves their children’s “best interests” (as defined by New Jersey law).
What if my spouse and I can’t agree on a post-divorce parenting plan?
If you and your spouse can’t agree on a post-divorce parenting plan, you may need to ask a judge to make decisions for you. With that said, divorcing spouses have various options for coming to terms—including mediation. Mediation can be a highly effective tool for finding a mutually agreeable path forward, even in highly contentious divorces.
What if my needs (or my children’s needs) change in the future?
Divorced parents can request modifications to their court-approved parenting plans when necessary. With that said, it is important to try to address as many contingencies as possible during the divorce process. Parenting plans can only be modified when doing so serves the best interests of the children involved, and divorced spouses won’t necessarily be able to agree on a modification in all scenarios.
Schedule an Appointment with a Vineland Divorce Lawyer at Helmer, Conley & Kasselman, P.A.
If you are preparing to go through a divorce in New Jersey and would like to know more about your child custody options, we invite you to get in touch. To schedule an appointment with an experienced Vineland divorce lawyer, please call 877-435-6371 or tell us how we can help online today.