New Jersey Family Court judges use statutory factors to determine what type of custody arrangements will be in the best interests of the child(ren). In general, both parents are encouraged to maintain an active custodial role. This frequently results in shared custody, but shared custody does not always mean a 50/50 split of parenting time.

Fathers’ rights groups across the country are encouraging states to enact legislation that would result in equal parenting time in the majority of custody cases.  This would represent a major and unexpected change in New Jersey law.

Such advocacy groups believe that children are best served when they spend equal time with each of their parents, except in cases that involve domestic abuse or substance addiction.

Several states are considering a presumption of equal parenting time. Four states have already passed bills to this effect; in two such states, their governors vetoed the bills.

Critics of shared parenting legislation argue that judges should address child custody disputes on a case-by-case basis. They say that judges need discretion to determine appropriate custody arrangements in each case.

In New Jersey, many parents already opt for shared custody of children. The specific amounts of time a child spends with each parent can be negotiated through mediation, collaborative divorce, or arbitration, with the court system used as a last resort.

Regardless of forum or process, parents facing a child custody dispute should promptly consult with a skilled family law attorney to arrive at a suitable custody and parenting time plan.  The plan’s goals should be, first and foremost, to meet the best interests of the child and the family.

Source: NPR, “Push To Change Custody Laws: What’s Best For Kids?” Jennifer Ludden, Feb. 26, 2014