As a parent preparing for a divorce, addressing custody and visitation is a key part of the process. In New Jersey, the law does not inherently favor either parent, and the focus is on serving the best interests of the child (or children) involved. An experienced Vineland divorce lawyer can help you understand what this means for your individual circumstances, and your lawyer can help you work toward developing a post-divorce parenting plan that works for you while also meeting your child’s or children’s needs.
All aspects of the divorce process require informed decision-making—and developing your post-divorce parenting plan is no exception. With this in mind, here is an introduction to what divorcing parents need to know about custody and visitation rights in New Jersey:
New Jersey’s “Best Interests” Factors for Establishing Child Custody and Visitation During a Divorce
Like other states, New Jersey has established a list of “best interests” factors that its judges must consider when addressing custody and visitation matters. These factors focus on the child’s (or children’s) best interests and take into account various aspects of the child’s home life—both as it exists now and as it will exist after the parents’ divorce.
Since these are the factors that the state’s judges are required to consider when addressing custody and visitation matters, these are also the factors that parents in New Jersey must consider when developing a post-divorce parenting plan out of court. When you hire an experienced Vineland divorce lawyer to represent you, your lawyer will assist you with applying these factors under the circumstances at hand and developing a parenting plan that a judge will be able to approve.
New Jersey’s “best interests” factors are as follows:
- The parents’ ability to “agree, communicate and cooperate” regarding child-related matters
- The parents’ “willingness to accept custody” and any history of interfering with the other parent’s access to the couple’s child or children
- The child’s “interaction and relationship” with each parent and any siblings
- Any history of domestic violence or child abuse
- The safety of the child, the child’s siblings and the other parent from any ongoing risk of physical abuse
- The child’s preference, if they are “of sufficient age and capacity to reason so as to form an intelligent decision”
- Input from any licensed mental health professional providing therapy or other services to the child
- The child’s needs
- The stability of the home environment each parent will offer
- The quality and continuity of the child’s education
- Each parent’s fitness to parent post-divorce
- The geographic proximity of the parents’ homes post-divorce
- The “extent and quality of time” each parent spent with the child before the divorce
- The parents’ respective employment responsibilities
- The age and number of the children for whom parenting time needs to be addressed
Importantly, these are not necessarily the only factors that may be relevant when developing a post-divorce parenting plan in New Jersey. The law states that the courts “shall consider, but not be limited to,” these factors when making custody-related determinations. After learning about your family’s circumstances and your child’s specific needs, your divorce lawyer will be able to determine if there are any other factors that may warrant consideration during your divorce.
Understanding the Two Types of Custody in New Jersey: Legal and Physical
Another important consideration when planning your post-divorce parenting plan is that there are two types of custody under New Jersey law. These are: (i) legal custody, and (ii) physical custody.
Legal custody refers to the right to make important decisions about your child’s (or children’s) needs and upbringing. This includes, but is not limited to, decisions about your child’s education, religious observance, and medical care.
Physical custody refers to the right to spend time with your child (or children). This is what most people think of when they hear the term “custody,” and it is now also commonly referred to as parenting time.
While legal and physical custody rights often go hand-in-hand, this doesn’t necessarily have to be the case. For example, in some circumstances, divorcing parents may agree to equal legal custody while one parent has primary physical custody (meaning that parent has more parenting time than the other). As discussed in greater detail below, there are several possibilities, and when preparing for a divorce, it is important to thoroughly consider all your options so you can make informed decisions focused on what is best for your child (or children).
Options for Developing a Post-Divorce Parenting Plan in New Jersey
When it comes to developing a post-divorce parenting plan in New Jersey, there are several options available. With that said, the options available to you will depend on your family’s circumstances. Broadly, some of the most common options include:
- Equal Parenting Time – Both parents have equal rights to parenting time under an agreed-upon schedule.
- Unequal Parenting Time – One parent has more parenting time than the other (similar to a traditional custody-and-visitation arrangement).
- Co-Parenting – The parents continue to jointly play an active role in their child’s or children’s lives after their divorce.
- Sole Custody – Reserved for exceptional circumstances, this arrangement allows one parent to have sole legal and physical custody of their child or children.
These truly are just examples. There are various other options that can make more or less sense in different circumstances. For example, one option that has gained popularity in recent years is “bird’s nest” custody—where the child (or children) reside in a single home, and their parents split time between this home and their separate residences. Your Vineland divorce lawyer can help you consider your options and help you make an informed decision about how best to proceed.
Schedule a Confidential Consultation with an Experienced Vineland Divorce Lawyer Today
If you are preparing to go through a divorce in New Jersey and would like to know more about the child-related aspects of the process, we invite you to get in touch. To schedule a confidential consultation with an experienced Vineland divorce lawyer, please call 877-435-6371 or contact us confidentially online today.