Child Custody in New Jersey
State-specific overview · Family Law
New Jersey courts apply a best interests standard and commonly award joint custody unless circumstances make it unsuitable.
How New Jersey treats Child Custody
New Jersey law requires courts to consider numerous factors when determining custody, including the stability of each parent, the child's relationship with each parent, and the child's needs and preferences. New Jersey courts frequently award joint custody arrangements, including joint legal custody (decision-making) and joint physical custody (parenting time), when both parents are capable and willing. Courts may modify custody orders based on substantial changes in circumstances affecting the child's welfare.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.