Dear Cassie: My spouse says he wants “joint custody” of our children in our divorce. What does this mean?
-K.B.
Dear K.B.:
There are two types of custody in New Jersey: legal custody, and residential custody. A reference to “joint custody” could be a reference to either of these types of custody.
Legal custody refers to the right to make important decisions regarding the health, education, and welfare of your children. Common examples include the choice of school, major medical treatment, and religious upbringing. There is a presumption in New Jersey favoring joint legal custody. What this means is that most divorce matters result in parents sharing legal custody of their children.
Residential custody is also referred to as physical custody or parenting time. It is a reference to where a child resides on any particular day. There is no such thing as a “default” parenting time schedule in New Jersey. The court will establish the parenting time schedule that is in the best interests of the children. This could result in the children sharing their time equally with both parents, or with the children residing primarily with one parent, and having parenting time with the other parent.
If you are contemplating custody arrangements for your children, you should seek the advice of matrimonial counsel.
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Cassie Murphy is a divorce and family law Partner with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge.
