When parents need to decide between shared legal custody and primary custody, it’s important to appreciate the differences and implications of each option. Graziano & Flynn, P.C. can help you navigate New Jersey’s custody laws to determine which arraignment is best for your child’s life.
Joint Custody vs. Primary Custody
Joint legal custody means both parents have a say in their children’s upbringing including education, health, and well-being. The parent with primary custody makes decisions regarding day-to-day activities; seeking input from the non-custodial parent when necessary.
Each family is unique. Accordingly, there are various child custody arrangements available in New Jersey. Joint custody and primary custody are two common custody arrangements available under New Jersey’s child custody laws.
What is Joint Legal Custody?
Joint legal custody — also called shared legal custody — refers to a custody arrangement where both parents share decision-making responsibilities regarding their child’s upbringing. This does not mean both parents jointly make day-to-day decisions. Instead, a joint legal custody arrangement allows the parents to make major decisions regarding the child’s education, healthcare, and general welfare.
What is Primary Legal Custody?
Primary legal custody refers to a custody situation in which one parent has sole authority to make major decisions affecting the child’s welfare. The parent with sole legal custody does not require the other parent’s input or agreement. The parent with primary legal custody has the final say in the child’s education, healthcare, religion, and other important aspects of the child’s life.
What is Joint Physical Custody?
Joint physical custody refers to a custody arrangement where the child spends significant time with both parents. While one parent’s home is designated as the child’s primary residence, the child splits their time between both parent’s homes, typically following a predetermined schedule. This arrangement ensures both parents have frequent and continuing contact with the child.
What is Primary Physical Custody?
Primary physical custody, called sole physical custody, means the child resides primarily with the custodial parent. The child’s primary residence is with the custodial parent, who assumes primary child-rearing responsibilities. The non-custodial parent is still entitled to visitation rights or parenting time under relevant New Jersey custody laws.
Pros & Cons of Joint Custody vs. Primary Custody
Both joint custody and primary custody have their advantages and disadvantages. An experienced NJ family law attorney can advise you on the pros and cons of each child custody arrangement. At Graziano & Flynn, we can assist you in making an informed decision based on your circumstances.
Shared Legal Custody
The main benefit of joint legal custody is it allows both parents to participate and remain involved in the child’s life. Additionally, joint legal custody provides the child with a balanced upbringing with input from both parents. The main disadvantage is joint legal custody depends on both parents’ ability and willingness to work together, as recognized by the New Jersey Supreme Court, as there is a high potential for disagreements and conflicts regarding major decisions.
Primary Custody
When one parent has sole physical custody, they can provide stability and consistency for their child. A sole custody arrangement allows the child to establish a primary residence and routine. The biggest drawback to sole custody is it can burden the primary custodian with additional responsibilities and also potentially limit the child’s contact with the non-custodial parent.
Determining What Type of Custody is Best for Your Child
Most parents make the mistake of turning child custody into another issue to be litigated in the divorce process. New Jersey courts make custody decisions based on the best interests of the child standard. You should consider several factors if you and the other parent are willing to negotiate legal and physical custody.
Parenting Time
Assess how much time each parent can realistically dedicate to the child’s upbringing. Aside from child support, equal parenting time ensures a child benefits from being raised by two parents. When evaluating parenting time, it is important to consider other factors such as the parents employment responsibilities, the child’s extracurricular activities, etc.
Work Schedules
Logically, providing financial support depends on a parent’s ability to maintain gainful employment. However, a person’s employment schedule can affect their ability to interact with their children. Accordingly, it is important to consider how work schedules can affect each parent’s ability to care for a child.
Extracurricular Activities
Children naturally have hobbies such as sports and other extracurricular activities. These activities require parents to commit their time. Accordingly, you should consider your child’s extracurricular activities and whether you can attend and participate in and attend these activities.
Travel Needs
Children usually depend on their parents to transport them to school, social functions, and extracurricular activities. Transporting your child to these functions can be just as time-consuming as the functions themselves. Accordingly, travel and transportation requirements must be factored in when evaluating potential child custody arrangements.
Child Care
Two-parent households require additional child care, e.g., babysitters, nannies, etc. Accordingly, you should evaluate the availability of childcare options for each parent’s custody time. Specifically, you should consider factors such as your child’s age, school schedule, and any necessary arrangements for supervision or care.
Extended Family
Entering into a relationship with another person requires you to interact with their family. As your child will interact with the other parent’s extended family, you should consider the child’s relationships with these individuals. Specifically, you should consider whether any extended family members pose a risk to your child’s welfare.
Schedule A Free Legal Consultation With The Experienced Lawyers Of Graziano & Flynn Today
Making decisions about child custody is a complex and sensitive matter. Schedule a free legal consultation with the experienced lawyers at Graziano & Flynn to discuss your situation and get expert guidance on navigating the New Jersey child custody process. Contact us today to learn about the legal and physical custody options available.
New Jersey Child Custody FAQs
New Jersey child custody laws are complex and sometimes confusing. An adverse child custody determination can seriously affect your child’s future. Accordingly, you should consult an experienced child custody attorney before proceeding with your case.
Is NJ a 50/50 state?
No. New Jersey does not have a presumption of 50/50 custody. While New Jersey law favors some type of shared legal and physical custody arraignment, The court’s primary consideration is the child’s best interests, and custody arrangements are determined on a case-by-case basis. This affects child support payments as well.
What constitutes an unfit parent in NJ custody cases?
Under New Jersey law, a person is considered unfit if their “conduct has a substantial adverse effect on the child.” While this term is broad, courts look at factors such as neglect, abuse, substance abuse issues, domestic violence, or any behavior which poses a risk to the child’s well-being. The court carefully evaluates evidence and considers the child’s best interests when making such determinations.
What age can a child choose which parent to live with?
When a child reaches 18, they are free to live with whichever parent they choose. In New Jersey, there is no fixed age at which a child can choose which parent to live with. However, the court may consider the child’s preferences and other factors, such as their age, maturity, and ability to make informed decisions when determining custody arrangements.
How does child support work with joint custody?
Child support is usually paid by the non-custodial to the custodial parent. Child support payments are calculated under the New Jersey Child Support Guidelines. In child custody cases where parents have 50/50 custody, the higher-earning spouse is still obligated to pay child support.
