Child Custody Factors
Under N.J. Stat. § 9:2-4(c), the court considers the following factors when determining custody:
- The parents’ ability to agree, communicate, and cooperate in matters relating to the child
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
- The interaction and relationship of the child with its parents and siblings
- The history of domestic violence, if any
- The safety of the child and the safety of either parent from physical abuse by the other parent
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
- The needs of the child
- The stability of the home environment offered
- The quality and continuity of the child’s education
- The fitness of the parents
- The geographical proximity of the parents’ homes
- The extent and quality of the time spent with the child prior to or subsequent to the separation
- The parents’ employment responsibilities
- The age and number of the children
How to File for Custody in New Jersey
1. Agree on a Parenting Plan
For parents who are filing for divorce or are already divorced, custody is handled as part of the same proceedings, known as “dissolution.” Prior to opening the case, it’s recommended that the parents discuss and come to an agreement about the preferred custody arrangement.
The court will order any custody arrangement agreed to by both parents, unless it is contrary to the best interests of the child.[1] If, however, the parents cannot reach an agreement, the court may require each parent to submit a custody (parenting) plan for consideration.
2. Calculate Child Support
Use the New Jersey Child Support Calculator to estimate how much child support may be ordered by the court. Under the New Jersey Child Support Guidelines, child support is determined by the gross weekly income of both the custodial parent and non-custodial parent, the number of children, and the percentage of parenting time split between the parents.[2]
3. Complete and File Required Forms
Complete the Complaint for Divorce along with the other required paperwork[3] and prepare a parenting plan.
For parents who are not married or have not yet filed for divorce, they must complete this non-dissolution application packet for custody, child/spousal support, or parenting time (visitation).
File the completed forms with the courthouse in the county where the child resides. This can be done in person, by mail, or electronically via Judiciary Electronic Document Submission (JEDS). The filing fee is $300 for divorce cases and $6 for non-dissolution custody cases.
4. Serve Complaint
Within 30 days of filing the paperwork, serve the Summons, Complaint, and other required documents on the other parent. This can be done by making a request to the Sheriff’s Office, or by hiring a process server. Once the papers are served, proof of service must be provided to the court.
5. Attend Mediation or Hearing
For divorce cases, mediation may be necessary to reach a settlement. If an agreement is not reached after attending the Matrimonial Early Settlement Panel (MESP), work with a court-approved mediator or a private mediator. Once a settlement is reached and reported to the judge, it will be considered for approval.
For non-divorce custody cases, a hearing will be held for a judge to consider the circumstances surrounding the case and determine what’s in the best interest of the child. Both parents are required to appear in court.
Custody Laws
- Child’s preference: The court will consider the child’s preference for custody “when of sufficient age and capacity to reason so as to form an intelligent decision.”[4]
- Parental access to records: N.J. Stat. § 9:2-4.2
- Parental rights: N.J. Stat. § 9:2-4
- Uniform Child Custody Jurisdiction Act: N.J. Stat. § 2A:34-53
- Visitation rights of grandparents and siblings: N.J. Stat. § 9:2-7.1
Related Forms
