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CUSTODY AND VISITATION (Parenting Time)
Types of Custody
Residential Custody
Residential custody refers to who the child will reside with after the divorce. The party who the child resides with the majority of the time is referred to as the custodial parent (aka parent of primary residence) and the other parent is the non-custodial parent (a/k/a parent of alternate residence). The non-custodial parent has the right to have visitation (parenting time) with the child.
Visitation (Parenting Time)
Visitation (parenting time) is given to the non-custodial parent. Depending on the circumstances, visitation can be supervised or unsupervised. Additionally, there are several different types of parenting time that should be addressed by the parties: regular parenting time, summer parenting time and holiday parenting time.
Sole Legal Custody
Sole legal custody is when one parent is designated by the parties or appointed by the Court to make all major decisions relative to the child(ren) (without consulting and without consent from the other parent).
Legal Custody
Legal custody refers to who will make all of the major decisions for a child (such as medical, education, religion, etc). There are two types of legal custody in New Jersey: sole legal custody and joint legal custody.
Joint Legal Custody
Joint legal custody is when both parents communicate, discuss and work together to make all of the major decisions (medical, educational, religion, etc.) relative to the child(ren). Both parties have access to the child(ren)’s information or records.
MODIFICATION OF CUSTODY AND PARENTING TIME
Custody and Parenting Time can be modified in two ways: (1) via a Consent Order, or (2) via an Order issued by the Court. If both parties agree to a new custody and/or parenting time arrangement, both parties can memorialize their agreement in writing in a document known as a Consent Order. Both parties should have an attorney review the Consent Order prior to signing the document. If one party disagrees with the modification of the current custody and/or parenting time schedule, the other party may file a Motion to Modify Custody and/or Parenting Time so that a Court can decide whether the current custody and/or parenting time schedule should be modified. To be successful in this type of Motion, the party that files the Motion must first show that there is a permanent and substantial change in circumstances that warrants a review of the current custody and parenting time arrangement by the Court. The same parent must also show that it is in the best interests of the child(ren) to modify the current parenting time schedule.