New Jersey Child Custody Laws

When parents no longer wish to be together, the ongoing care of any children they may have must be determined. New Jersey, along with almost all other U.S. states (except Massachusetts), has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps prevent interstate child custody conflicts. Generally, child custody laws dictate whether parents may seek joint custody, rules for visitation, and procedures for custody court orders.

This article provides a brief overview of child custody laws in New Jersey.

Types of Custody in New Jersey

In New Jersey, child custody arrangements are classified into two main types: legal custody and physical custody. Legal custody involves intelligent decision-making rights regarding the child's welfare, including the child’s education, healthcare, and religious upbringing. This can take the form of joint legal custody, where both parents share these responsibilities, or sole legal custody, where only one parent has the authority to make significant decisions. Physical custody is where the child lives on a day-to-day basis, also known as residential custody. This can also be joint physical custody, where the child splits time between both parents' homes, or sole physical custody, where the child lives with the parent of primary residence. The non-custodial parent, in cases of sole physical custody, typically has visitation rights.

How Courts Determine Child Custody in New Jersey

If parents cannot agree on a parenting plan themselves, New Jersey courts get involved. The court considers a number of factors when determining child custody orders, but primarily looks at the best interests of the child. If the parents are seeking joint custody, the court will examine the parent’s ability to communicate and cooperate with regard to the child. Also, any history of domestic violence will figure prominently in any custody or visitation decision. If the other parent has a history of domestic violence or the court determines a need for precaution, they may be eligible for supervised visitation with their child.

Other factors considered when determining a custody arrangement in the child’s best interests may include (but are not limited to):

• Interaction of the child with its parents and siblings

• Preference of the child (if 12 or older)

• The child’s needs (emotional, mental, physical)

• The parent’s home environment

• Fitness of parents

• Parent's employment responsibilities

New Jersey Child Custody Laws: At a Glance

Child custody can be a difficult and stressful process for parents. The following chart highlights the basics of New Jersey laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

• Official State Codes
• New Jersey Statutes and Constitution

New Jersey Child Custody Laws: Related Resources

• New Jersey Child Custody Forms and Process
• New Jersey Divorce Laws
• New Jersey Child Support Guidelines

Get Legal Help With Your New Jersey Custody Case

Child custody is a very serious matter. Sometimes parents are able to work out an amicable agreement that puts the child's needs first, but child custody proceedings often involve conflict and can benefit from a legal professional. Find an experienced New Jersey child custody attorney near you today to learn more.