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In New Jersey, courts and laws concerning children don't traditionally use the term "custody". Instead, they talk about "parenting time" or "visitation rights." These refer to the duration each parent is allowed to spend with their minor child(ren).
New Jersey law endorses each minor child's continuous and regular contact with both parents post-divorce. It motivates parents to jointly partake in the privileges and responsibilities of raising their offspring. In determining parental rights and visitation schedules, the court gives equal consideration to both parents, regardless of the child's age or gender. Visitation refers to the number of overnights the child spends with each parent. Instead of 'custody,' New Jersey prefers the term 'parenting time,' which is addressed in a Parenting Plan. This plan delineates the overnights the child spends with each parent during holidays, school breaks, summer, and regular weekdays and weekends.
The Parenting Plan can be rather generic if both parents maintain amicable relations and cooperate, or it can be extremely detailed, specifying the days for each parent, particularly when the parents have difficulties being cordial and flexible. If the parents fail to agree on a Parenting Plan, the courts will use "the best-interests-of-the-child standard" when considering parental issues and will set the Parenting Plan for the parents.
New Jersey distinguishes between the issues of visitation and parental rights. Parental rights grant each party the ability to make crucial decisions concerning the minor child(ren), including but not limited to medical, educational, and religious choices. In all New Jersey divorces, these issues must be addressed in a Parenting Plan filed and approved by New Jersey courts. The courts approve the Parenting Plan based on what is "in the best interests of the child(ren)."
All parents have an obligation to support their child, offering food, shelter, clothing, education, and medical/dental care, regardless of whether the parent exercises the majority of visitation time and parental rights.
Even though the court may grant equal visitation rights to the parents, one parent must be appointed as the primary residence of the child(ren) for school zoning purposes and "custody" considerations in other states. Per New Jersey law on child relocation, parents may not relocate beyond a specific geographical boundary without the other parent's consent and/or the court's approval. However, parents may relocate within this defined area with the minor child(ren) without prior permission or agreement.
The crucial factor a court must consider in determining the visitation schedule for a parent is the child's best interest.
Depending on the parents and children's circumstances, and the distance between the parents, visitation arrangements can differ. However, typically, most courts will establish the visitation schedule based on the Parenting Plan created and agreed upon.
The Parenting Plan ensures balanced visitation between the child and parents and is tailored to each specific situation, including weekends, holidays, and school holidays and vacations. This schedule in every Parenting Plan is exceptionally detailed and specific and will be incorporated into the Final Judgement for Dissolution of Marriage. New Jersey law advocates for regular contact between children and their parents and encourages both parents to collaborate for the child or children's best interest. Consequently, Parenting Plans may be drafted in ways that allow the parents to adapt their schedule as necessary to accommodate a child’s schedule for extra-curricular activities such as sports, dance, etc. The critical point to remember is that both mother and father need to cooperate to establish a schedule that serves each child's best interest.
