New Jersey custody laws do not require parents to follow a 50-50 custody model. However, the courts do encourage parents to share joint custody when possible. It is the presumption that children benefit from spending ample time with each parent after a divorce. The presumption is rebuttable if there is evidence that a parent is unfit or joint child custody would not be in the child’s best interest.
What Is 50-50 Custody in New Jersey?
No specific law in New Jersey refers to 50-50 custody arrangements. Instead, 50-50 custody is another term for shared custody or joint custody. The parents share time with their children as equally as possible. This arrangement allows children to maintain close relationships with their parents. It also allows parents to be active participants in their children’s lives.
Benefits of 50-50 Custody Arrangements in New Jersey
Children and parents can benefit from 50-50 custody in several ways. Benefits of shared custody include, but are not limited to:
- Children maintain a strong bond with both parents when they spend as much time as possible with each parent.
- Parents participate in everyday activities and decisions for their children.
- Children and parents feel less of a loss after a divorce when they spend ample time together.
- Parents share parental responsibilities more equally, which helps with other aspects of life, such as work and social functions.
- Shared custody can reduce the financial aspect of divorce by allowing parents to share expenses to ensure their children’s needs are met.
Parents are often confused when they realize they may need to pay child support even though they share custody 50-50 with their ex-partner. The time a child spends with each parent is a factor in child support calculations, but it is not the only factor. The income of each parent is a significant factor in child support.
Therefore, sharing custody can help reduce the financial burden on each parent. However, the parent with a larger income often pays child support to the other parent. The amount of child support may be less if the parents spend nearly the same amount of time with the child instead of a parent having most of the time with the child.
Are There Challenges to Sharing 50-50 Custody in New Jersey?
Even though 50-50 custody sounds like it would be in a child’s best interest, challenges may make shared custody impossible in some situations. For example, co-parenting requires effective communication and cooperation between parents. If parents argue whenever they try to have a conversation, shared custody may not be in a child’s best interest.
Shared custody may increase tensions and the chance for conflict and disagreements between parents. When parents must share decision-making responsibility, there may be numerous disagreements about a child’s education, religious upbringing, medical treatment, or extra-curricular activities.
Parents must be able to coordinate their schedules for a 50/50 shared custody arrangement, which may be problematic. Furthermore, shifting a child from one house to another every other week or every two weeks could decrease stability and continuity. A child may feel overwhelmed by constantly being in transit between two homes.
Is Shared or 50-50 Custody Right for Our Family?
Shared custody may be the best way for your family to deal with the challenges of custody and parental responsibilities after a divorce. However, it depends heavily upon your specific situation and circumstances. Talk with an experienced New Jersey child custody attorney about your legal options and rights regarding custody.
An attorney can help you with a custody matter in numerous ways, including:
- Explaining New Jersey child custody laws and your legal rights
- Assisting you in prioritizing the most important aspects of a child custody agreement
- Investigating allegations of parental alienation, child abuse, domestic violence, and neglect
- Defend you against allegations of being an unfit parent
- File motions requesting a custody or psychological evaluation, if necessary
- Use mediation and negotiation to resolve a custody dispute without court intervention
Determining what is in your child’s best interest for custody can be challenging. Custody is also an emotional issue. An experienced family law attorney helps you by providing sound legal advice, aggressive advocacy for you and your child, and support as you seek to obtain the best custody arrangement for you and your child.
Contact an Experienced Monmouth County Family Law Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
