Clients often come in asking whether they can obtain “full custody” of their children. The question is a multi-faceted one and one that does not have a simple answer. In the State of New Jersey, custody consists of two prongs: (1) legal custody and (2) physical custody.
Legal custody deals with decision-making on behalf of the children. In New Jersey, courts tend to award joint legal custody, and therefore joint decision-making, to the divorcing spouses. This means that both parents must consult with each other on all major decisions regarding education, mental and physical health, and the like. There are, of course, exceptions to every rule and it is possible to obtain sole legal custody. The reasons for this, however, must be compelling and must be enough to convince the court that one party must be cut out of all decision-making. It should be noted that, in New York, joint legal custody is the exception, not the rule, and that more often than not, one party is awarded sole legal custody.
Physical custody refers to the actual amount of time the children spend with each parent. The parent exercising parenting time more than 50% of the time is designated the Parent of Primary Residence (PPR), while the other parent is designated the Parent of Alternate Residence (PAR). The actual amount of parenting time exercised by each parent is very fact-specific and will vary from family to family. Some parents agree on a schedule where the PAR exercises parenting time every other weekend. Some Parents of Alternate Residence also exercise midweek parenting time, depending on their proximity to the children’s schools. Others agree on a true joint physical custody arrangement, where both parents spend an equal amount of time with the children. In this case, neither parent will be designated the Parent of Primary Residence. Such an arrangement can take whatever form the parties agree on — for example, alternating weeks, or splitting the weeks in half.
If the parties are unable to agree on a fixed schedule, the courts will render a decision for them. In that case, it is advised that the parties retain custody experts, who are psychologists trained in these matters, to conduct evaluations and provide the court with recommendations on the type of custody arrangement that they believe, in their professional opinions, to be in the children’s best interests.
If you are facing a custody dispute with your spouse, consult with an attorney to make sure your rights are protected. Call (201) 701-1218 to schedule a consultation today.