New Jersey Guidelines For Custody and Visitation Schedules

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Title 9 of the New Jersey Permanent Statues contains the laws about child custody for the state. This is imperative information for parents who are involved in a custody situation, and parents should pay particular attention to these statutes when they are in the process of creating their child custody and visitation schedule. These laws provide the guidelines that the mother and father should follow to make a schedule that the law will uphold. Here are some highlights of the New Jersey laws concerning custody and visitation schedules.

1. The Superior Court in New Jersey has jurisdiction over custody matters. The Superior Court has authority to make decisions about the minor child if the parents are living separate or divorced. This is also the court where parents must submit their custody and visitation schedules. If the parents agree on the schedule, they can file it jointly to the court and the judge will look it over and most likely accept it. When parents are unable to agree, the mother and father must prepare a case to show the court. The judge will then determine the custody arrangements.

2. Children should have frequent and continuing contact with both parents after the parents separate. In Chapters 2-4 of Title 9 in the New Jersey Statutes, the state makes it very clear that it considers the child's best interest to be involved with both parents after a separation. This should be reflected in the custody and visitation schedule. Either parent may be awarded custody (also found in this chapter of the code), and the parent who doesn't have custody should have substantial and significant visitation time with the child.

3. Everything should be done in the child's best interest. The state of New Jersey has proclaimed outright that any child custody decision will be made with the child's best welfare in mind. These are the factors, contained in the law, that the judge will consider when determining what the best interest will be: the parents' ability to agree, communicate and cooperate; the parents' willingness to accept custody and any history of denying the other parent visitation; the interaction and interrelationship of the child with parents and siblings; any history of domestic violence; the preference of the child; the needs of the child; the stability of the home environment; the child's education; the fitness of the parents; the location of the parents' homes; the roles of the parents before the separation; the parents' employment responsibilities; and the age and number of children. Parents should use these factors to guide them as they create the child custody and visitation schedule.

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