In Part I, we discussed the impact of a parent’s mental illness on a dependent minor child, when a judge decides custody matters or the parents negotiate an out-of-court settlement. If a parent has been diagnosed with a mental illness or it’s under control with the help of medication, talk therapy, or both, then it may not be a live issue. But if you’ve reached a point where the illness impacts – or has a substantial capacity to do so – the child’s well-being, then a parent’s mental illness matters to everyone in the system.

Under N.J.S.A. 9:2-4, the court’s primary goal is to come up with a custody arrangement that’s in the child’s best interests, as follows:

Legislative findings and declarations; parents’ right to custody equal; custody order; factors; guardian ad litem; agreement as to custody

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 and the court shall enter an order which may include:

a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child’s health, education and general welfare;

b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or

c. Any other custody arrangement as the court may determine to be in the best interests of the child.

In making an award of custody, the court shall consider but not be limited to the following factors: the parents’ ability to agree, communicate and cooperate in matters relating to the child; the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child’s education; the fitness of the parents; the geographical proximity of the parents’ homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents’ employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents’ conduct has a substantial adverse effect on the child.

The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child’s interests or both. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation, if they have the means to pay for them.

d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.

e. In any case, in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.

f. The court shall specifically place on the record the factors justifying any custody arrangement not agreed to by both parents.

A parent with limited custody rights — because they were surrendered or a court found it wasn’t in the child’s best interests for that parent to exercise them — normally has a right to spend at least some limited time with the child. Those visits can be unsupervised, or, if there are serious questions about whether a parent should be alone with the child, another person can supervise the visits. The other parent can serve as supervisor, but that typically is not the best scenario for anyone.  It burdens both the supervised and supervising parents and puts an artificial and poor tilt to the interactions.  The supervised parent and the child want some modicum of private interaction.  Having the other parent as supervisor puts a pall on that spontaneity, and also puts the supervising parent in a power position that is not good for anyone.

If that is the only supervising option — and sometimes it is – then typically we will “run with it” until some better arrangements can be made.  But these situations are sometimes volatile and prone to failure, and the parties, counsel, GAL, and the court must be prepared to make changes quickly.

More typically, a grandparent or sibling of the supervised parent could better serve, if they are willing to do it.  That can be an unpleasant job for the family supervisor, but again, it may be the best option for everyone at a given point, so we go with what we have.

Supervised parenting time may be in someone’s home or in a secure location inside a County facility or a private for-profit facility.  This scenario arises more and more as the opioid crisis and other substance abuse in this state and country have become rife.

CONCLUSION

If you have questions or concerns about representation in child custody proceedings, the NJ laws of custody and parenting time, or supervised parenting time options, or have any questions about our practice, please contact our office at the Kingston Law Group to arrange a near-term and reduced fee initial phone consultation. Call 609-683-7400. We accept all major credit cards and offer general phone or online appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement only. Call now.  You will be glad you did.