This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
New Jersey USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
With this in mind, there is no hard and fast age that a child can choose who to live with in NJ. Instead, like other decisions where the court is involved, the court will make the decision on a case-by-case basis, using some general guidelines.
Courts in New Jersey generally tend to favor joint legal and joint physical custody arrangements between the parents. The court prefers custody agreements that allow the child to have a relationship with both of their parents. NJ does lean toward 50/50 custody when it comes to joint custody arrangements.
In order to obtain sole physical custody of your child, you would have to show that having your child see their other parent would be harmful to the child in some way or that he or she would be in danger or neglected by the other parent.
Physical custody gives parents residential rights. This is also sometimes called residential custody. A parent with physical custody has the right to have the child live with them. They get to take care of the child on a day-to-day basis.
The custodial parent, or the payee, is the parent who lives with the child and takes care of their day-to-day needs. The non-custodial parent, or the payor, is the child's other parent. They typically have visitation rights, or they help in making important decisions.
The parent of primary residence is the parent whose house the child spends most of his or her time, and generally where the child spends more than 50% of the overnights. If both parents share overnights equally, then the parent of primary residence is the parent who the child lives with while going to school.
In New Jersey, the child cannot refuse visitation or have any say in a visitation schedule until they reach the age of adulthood, which is 18. This means that as the custodial parent, you are required to encourage visitation and help to facilitate it even if the child speaks out against being with the other parent.
This is the case even though the New Jersey family courts are supposed to practice ?gender blind? judgment when it comes to establishing child custody arrangements. This means that when a joint custody decision is impossible to reach, the court will usually grant primary custody to the mother.
