Custody and Visitation

Two forms of custody are typically addressed by the Courts regardless of whether the parents were married.

In New Jersey, there is a presumption in favor of joint legal custody for any unemancipated children. Each party is recognized as the child’s parent and is entitled to participate in the major decisions of the child’s life. It is incumbent upon the parents to cooperate to see that the best interests of the child are maintained. The parents are required to cooperate on issues such as the health, medical treatment, education and any necessary counseling for an unemancipated child.

There is typically one parent who will maintain a primary place of residence for the unemancipated child. This provides residential continuity for the child but does not prevent parenting the child with the non-residential parent.

Parenting time, formerly referred to as visitation, permits the non-residential parent to maintain ongoing influence in the child’s life. There are many, many factors that will impact the amount and type of parenting time which may be available. Once again, the Courts strongly encourage the cooperation of the parents in determining a parenting schedule which will promote the best interests of the child. Unless there are specific regulations to the contrary, regular communication between the parents and child is encouraged.

Often the divorcing parents cannot reach an amicable resolution regarding the division of parenting time. Your attorney would be able to provide you with guidance in this area. Significant factors such as the age of the child, the geographic location of the parents and the special needs of a parent or child will be evaluated on a case-by-case basis. If an agreement cannot be reached despite the assistance of counsel, options such as mediation or the appointment of a mental health professional may be used to make an independent recommendation.