Many parents entering a custody case have heard the term “50/50 custody” and many assume it is a guaranteed outcome. In fact, some other U.S. states have laws that create a starting presumption of equal time for parents. New Jersey, however, is different. Courts here do not automatically favor a 50/50 split. Instead, judges focus on what arrangement best serves the child’s interests
How Courts Decide Custody in NJ
New Jersey judges consider a variety of factors to determine the most appropriate schedule for a child. Some of the key considerations include:
- The child’s relationship with each parent
- Each parent’s ability to communicate and cooperate
- Stability of home, school, and routine
- Safety concerns or history of conflict
- The child’s developmental needs and, when appropriate, preferences
The goal is not a strict division of hours but a plan that supports the child’s overall well-being. Even when shared custody is suitable, the actual schedule may vary depending on school schedules, extracurricular activities, travel, and other practical considerations.
Common Misconceptions
Even experienced parents sometimes have the wrong idea about shared custody in New Jersey. Here are important things to know:
- Custody is not determined by gender. Courts focus on what arrangement bets serves the child, not which parent is male or female.
- Shared custody does not automatically mean equal time. The schedule depends on what is practical and stable for the child’s daily life, school, and activities.
- A presumption of 50/50 custody does not exist in New Jersey. While shared custody is common, judges evaluate each case individually based on the child’s best interests.
Practical Tips for Parents Seeking Shared Custody
- Focus on cooperation. The ability to communicate, compromise, and support the other parent matters more than exact hours.
- Be realistic. Consider schedules, travel, and the child’s needs when planning time
- Document your involvement. Regular participation in school, extracurriculars, and daily care strengthens your case.
- Seek professional support if needed. Mediation, parenting coordinators, or collaborative law approaches can help parents create workable schedules without contentious litigation.
While some states begin custody cases with a presumption of 50/50, New Jersey courts prioritize what actually works for the child. Focusing on stability, communication, and the child’s best interests helps parents create a practical, workable schedule that meets their children’s needs.
If you have questions about custody arrangements or shared parenting schedules in New Jersey, the experienced family law team at Cohn Lifland can provide guidance and support. Call us today.