New Jersey’s child custody laws are parent-neutral. An individual judge may feel mothers are better parents, but we don’t see improper bias by judges assigned to our cases overpowering the evidence. Though judges have a lot of discretion in deciding custody cases, their decisions must be grounded in facts that show their ruling is in a child’s best interests.

Kingston Law Group’s child custody practice has helped thousands of parents and children over 4 and a half decades. Child custody disputes can be highly stressful and emotional, but they don’t have to be that way.  Call us at 609-683-7400 or contact us online to learn more.

What is Child Custody?

Child custody under New Jersey law refers to a parent’s rights and responsibilities regarding their child’s care, decision-making, and physical time together. There are two types of custody arrangements, including:

• Legal Custody: The ability to decide critical matters impacting your child’s welfare, education, healthcare, and religion
• Physical Custody: Deciding where your child lives on a daily basis and which parent provides primary care

Custody may be joint (shared by both parents) or sole (one parent makes these decisions), and different combinations are possible. Parents usually share legal custody. Physical custody may also be shared, or one may have primary physical custody. Generally, judges favor custody arrangements where both parents remain actively involved in the child’s life.

How is Child Custody Decided in New Jersey?

The most crucial issue is what’s in the child’s best interests. Parents may disagree on what’s required to ensure those interests. They can work out their disagreements and create a written agreement. If so, a judge reviews and usually approves it.

They could reject it if the judge feels the child’s best interests aren’t being served. The parents could alter the agreement or litigate the issue. The parents would also need to go to trial if they can’t reach an agreement. If the parties can’t negotiate a resolution, mediation may help them end the conflict.

State law provides a list of issues for judges to consider when determining what would be in the child’s best interests. They include the following:

• The parents’ ability to communicate, agree, and cooperate in parenting matters
• The parents’ willingness to accept custody and their history of reluctance or refusal to allow the other parent to have time with the child that’s not based on substantiated abuse claims
• The interactions and relationships of the child with their parents and siblings
• Any history of domestic violence
• The safety of either parent and the child from physical abuse by the other parent
• The child’s preference, if they’re old and mature enough and have the mental capacity to reason and form an intelligent decision
• The child’s needs
• The offered home environment’s stability
• The quality and continuity of the child’s education
• The parents’ fitness to have custody rights
• The physical proximity of the parents’ homes
• The quantity and quality of the time the parent spent with the child before or after the parents’ separation
• The parents’ employment responsibilities
• The age and number of children

A judge is free to ignore factors that aren’t an issue in a case and bring up factors not included in state law if the judge feels they’re relevant.

Does New Jersey Law Favor Mothers in Custody Disputes?

There’s no explicit language in state law favoring or discouraging a custody rights award to a man or woman. State law includes the following language:

The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy…In any proceeding involving the custody of a minor child, the rights of both parents shall be equal…

If one parent gets the custody rights they seek, and the other does not, it should be the result of well-reasoned judgment on how a child’s needs can be best met based on the case’s evidence. A court ruling based on a parent’s sex, not on the child’s best interests, could be appealed and overturned.

Should New Jersey Law State That Equally Shared Child Custody is the Favored Approach?

Some fathers who didn’t get the custody rights they sought feel the legal system discriminates against them because of their sex. Traditionally and stereotypically, women are seen as caregivers and nurturers, while fathers are more distant, less connected to their kids, and spend most of their time and energy working and providing the family with income. That may be the case with some families, but no one, especially a judge, should assume that’s the case in a particular matter.

A recent Wall Street Journal article looked at Kentucky and other states that changed their laws to state that equally shared child custody was the preferred situation, but that outcome could change if a parent could show by a preponderance of evidence (it’s more likely than not) that it wouldn’t be in the child’s best interests.

The National Parents Organization (NPO), an advocacy group formerly known as Fathers and Families, lobbies for this change, arguing that it would help ensure fathers get equal time with their kids.  The NPO rates states based on how it believes their laws explicitly equalize parents’ ability to obtain custody rights. Five states got A’s. New Jersey and 14 others got D’s.

Eight years ago, Kentucky was the first state to pass a law making equally shared custody the default arrangement in divorces and separations. Four other states (Arkansas, West Virginia, Florida, and Missouri) have passed similar legislation. The NPO claims that about 20 other state legislatures are considering or close to passing similar laws.

After the law changed in Kentucky, the state’s divorce rate decreased by 25% (it went down 18% nationwide). Some claim that because of the law, more parents with marital problems are deciding not to divorce, since they’ll probably both care for their kids if they do, so they work to improve their relationship. That would be a positive, but staying together is a negative if a parent remains in an abusive marital relationship to try to protect their children, who could be alone with the perpetrator if they divorce.

Kingston Law Group represents fathers and mothers in divorce and custody matters. Who cares for a child, and which kind of care the child receives from whom, should be based on the child’s best interests. We work to ensure our clients aren’t subject to any form of unlawful bias when advocating for their children. Our legal system and statutes are imperfect, but New Jersey law should focus on ensuring a child’s best interests are met, not on providing a particular custody arrangement.

Contact Kingston Law Group for Help with Child Custody Matters

For help with child custody disputes, call us at 609-683-7400 to arrange a near-term, reduced-fee initial consultation. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We also have pre-arranged evening appointments. Contact us today.  You will be glad you did!!