Few things are more  emotionally draining than disputes over the custody of children. In New Jersey, when it comes to where the child should dominantly reside, specific criteria exist to help courts decide what truly is “in the best interests of the children.”

Before engaging in expensive litigation, it is important to understand the three different custody scenarios.

Sole Custody puts the responsibility of raising the child, including major decisions, primarily with one parent. This type of custody is quickly becoming outdated.

Joint Legal Custody allows both parents to have a significant role in raising their child. This means that in all significant matters involving the child, the parties must consult and agree to a resolution. However, one of the parents still is designated as the "primary residential parent."

Shared Residential Custody means that parenting time is negotiated well beyond the traditional "every other weekend." Shared residential custody also impacts the child support obligations of the individual parties as
a result of the increased number of overnight time enjoyed by the other parent.

Often, in child support and custody disputes the parties will undergo extensive custody evaluations, which may include psychological assessments, and emotional evaluations. The child’s preference is not determinative of the outcomes of any case although when he or she reaches 12 to 14 years of age their preferences are considered. Even then, the court is not necessarily bound by the child’s wishes.

Overriding everything is the concept of “best interest of the child.” The courts of New Jersey will look at the mental and physical health and historical involvement of the two parents, the physical and emotional environment and the educational opportunities available to the child. Programs exist in each county to help resolve disputes before they are actually heard by the court. These programs are often quite effective in helping resolve at least some of the issues.

A skilled Family Law practitioner should be able to negotiate as many issues in a custody and time-sharing dispute as possible. By following the guidelines, and with the assistance of counsel, many disputes can be resolved without litigation.