If you are separating from your child’s other parent, getting divorced, or creating a parenting plan for the first time, you may hear about parenting time vs. child custody in New Jersey. Both topics relate to your legal rights and responsibilities as a parent, but they refer to different aspects of parenting.
In general, custody focuses on who makes decisions for a child and where a child resides. Parenting time determines how much time a child spends with each parent.
Understanding Child Custody in New Jersey
Child custody refers to parental rights and responsibilities related to a child. Legal custody and physical custody are two components of child custody.
Legal custody refers to decision-making power for major matters impacting a child. Decisions can include which school a child attends and what medical care they receive. In New Jersey, legal custody can be shared, meaning parents collaborate on important decisions, or one parent may be granted primary decision-making power.
Physical, or residential, custody refers to where a child lives. One parent can be designated as the parent of primary residence and the other parent of alternate residence. Parents can also share residential custody.
N.J.S.A. 9: 2-4 explains that New Jersey’s custody policy is centered around making sure children of separated or divorced parents have frequent and continuing contact with both parents. Additionally, it is encouraged for both parents to share the rights and responsibilities of raising their children after separation or divorce. Under this statute, neither a mother nor a father is presumptively entitled to custody based on their title.
According to the CDC, in a recent reporting year, 32.9% of live births were to unmarried mothers in New Jersey. Additionally, 7% of males and 10% of females aged 15 and over are divorced in the state, with many of them having children. This highlights the need for solid custody and parenting plans.
Understanding Parenting Time in New Jersey
Parenting time refers to when a child is under the care of each parent. Parenting plans outline routines parents may follow on regular weekdays and weekends. They also include schedules for:
- Holidays
- Birthdays
- Vacations
- School breaks
- Summer
The difference matters because parents can share legal custody but not have equal parenting time. One example would be parents who make major decisions jointly but where a child resides primarily with one parent and spends nights on weekends and holidays with the other parent.
New Jersey’s parenting time statutes permit families to devise a timetable tailored to their specific needs.
How Custody Is Decided
If parents cannot reach an agreement on custody, a judge can decide custody based on the child’s best interests. The court considers several factors, including:
- Each parent’s ability to be civil with the other
- The child’s relationship with their parents and siblings
- The stability of each parent’s home
- The safety of the child
- Continuity of the child’s education
- Each parent’s employment
The statute also allows judges to consider any other factor that they believe relates to the best interests of the child. Essentially, each child custody case is judged individually based on the circumstances of the family.
When to Hire a Child Custody Lawyer
Parents can hire a New Jersey child custody lawyer any time they need help with a custody issue. This includes:
- Creating an initial parenting plan
- Responding to another parent’s petition for custody
- Modifying a custody order
- Enforcing an order when the other parent violates the agreement
- Reviewing your current custody and parenting time arrangements
- Drafting court documents
- Gathering evidence related to factors the court must consider
- Arguing for your proposed custody and parenting schedule
Hoboken resides in Hudson County, which means most family cases may be heard in the Superior Court of New Jersey. The courthouse for the Hudson County Family Division is in Jersey City at the Hudson County Administration Building, 595 Newark Avenue, Jersey City, New Jersey 07306.
Why Choose The Montanari Law Group?
At The Montanari Law Group, we serve clients in Hoboken, Little Falls, and the rest of Northern New Jersey with custody and family law issues. Our New Jersey family law attorneys are knowledgeable about New Jersey’s custody and parenting time laws and can explain how they apply to your family. We can help you with decision-making authority questions, create parenting time schedules, and modify existing orders.
FAQs
At What Age Can a Child Choose Which Parent to Live With in New Jersey?
In New Jersey, there is no set age when a child can unilaterally decide which parent to live with. While a child is permitted to state his or her preference to the court if he or she is mature enough to form an intelligent opinion, the preference itself is not determinative. The judge may still consider all of the best-interest factors and make a decision based on what is most beneficial for the child.
Can a Parent Deny Parenting Time if Child Support Is Unpaid?
A parent cannot typically deny court-ordered parenting time even if child support is unpaid. New Jersey courts view child support and parenting time as separate issues.
If a parent is not receiving proper child support, there are enforcement methods available through the courts. However, a parent who finds their parenting time is consistently blocked generally shouldn’t cease their child support obligations.
Can Grandparents Get Visitation Rights in New Jersey?
Grandparents and siblings may petition the court for visitation under certain circumstances. The petitioner generally must prove that visitation would be in the best interests of the child.
Constitutional rights granted to parents also play a role in these decisions. For this reason, it can be difficult to gain visitation if a parent is satisfied with the current visitation schedule.
What Happens if a Parent Constantly Misses Parenting Time?
If a parent routinely misses his or her court-ordered parenting time without a valid reason, this could potentially come up in a future modification proceeding. Keep a record of missed exchanges and communications about parenting time. Try to be as specific as possible, such as stating the dates and times that were missed.
The Montanari Law Group Can Help
If you need assistance with child custody and/or parenting time matters, The Montanari Law Group can advocate on your behalf. Contact us today to speak with an attorney.
