Custody and Parenting Time

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Child custody arrangements vary widely depending on the particular circumstances of the parents. In every case, both parents have a duty to financially support their children, regardless of custody status. After a judgment has been entered by the court, child custody and parenting time arrangements can be modified only upon a showing that the circumstances have changed such that the current arrangement is no longer in the best interests of the child.

 

Custody laws in New Jersey are gender neutral. People are often confused when they learn that custody is comprised of two distinct parts. The first part, legal custody, typically refers to a parent’s right to make decisions concerning the child, or to be included in any discussion concerning the child. This would include such things as medical treatment, education, and/or other significant life choices for the child. It also includes a parent's right to have access to medical and school information and to be kept abreast of new information concerning the child.

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The second part is physical custody. This refers to where the child primarily lives as well as the parenting time arrangement.  A parent with whom the child spends most of the time is designated as the Parent of Primary Residence (“PPR”). The parent with whom the child has time-sharing is designated as the Parent of Alternate Residence (“PAR”). When parties share joint custody, the child resides with each parent for a set period of time during the year.

 

Sole custody is an often misused term. It occurs when only one parent has legal and physical custody. When a parent has limited (such as supervised) or even no parenting time with a child, but has legal custody rights (i.e. access to doctors and school and updates regarding the child), that is not sole custody. True sole custody is rare and is ordered only in those cases where one parent is absent or deemed legally unfit. A parent may be found unfit if he or she has engaged in child abuse or neglect or is struggling with an addiction to alcohol or drugs. Parents have a presumed right to have contact with their child, regardless of the deteriorated state of the relationship between the parents. Thus, absent proof that a parent's contact with the child would likely cause harm to the child, some form of custody and parenting time will be ordered (if not agreed upon between the parties).

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Special Custody Issues

• Out of State Relocation

• Parental Alienation

• Children With Special Needs

• Kidnapping and Abduction

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