Legal Question in Family Law in New Jersey

Re: Presumption of joint custody?

The court wants the child to experience two parents and to experience them equally if this is

feasible. Often one parent has a situation, usually a work situation, which makes this arrangement unworkable.

Also it is often the case that one parent does not

really want equal time.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Presumption of joint custody?

To my understanding, there is NO presumption of "joint custody" for a child, in any state, unless the parents are married to each other and living together "As," "joint custodial parents."

Upon dissolution of the marriage, although the custodial "test" is now supposed to be "gender neutral," certain child custody presumptions continue to exist in favor of the mother.

To wit

A child is born out of wedlock/ is of "tender years," (ie., very young)/, Or, the mother has been the primary caretaker/ the presumption exists, in favor of the mother. However, all such presumptions are rebuttable.

Good luck,

Phroska L. McAlister,ESQ

Re: Presumption of joint custody?

Good question. In recent years, courts have been trying to ensure that both parents remain actively involved in the child's life, regardless of who is given physical and/or legal custody.

In the case of very young children, the tendency is to give primary physical and legal custody to the mother.

While there is no "presumption", in the legal sense, the legal standard the courts are supposed to use to determine custody is "best interests of the child." In other words, the focus is not on treating the parents "equally", but rather, what will be best for the child.

A practical consideration to keep in mind is that one of the parents will normally have to actually be responsible, on a day-to-day basis, for care of the child. It makes sense for that person to have primary physical and perhaps legal custody. However, the non-custodial parent should have imput into important life decisions for the child, if possible.

There is a "Catch-22" element to asking a court to award joint custody, if you and your spouse/ex-spouse have not already agreed to it. Think about it: if you and your spouse can't voluntarily agree on the issue of joint custody, prior to getting in front of the judge, why should the judge think you and your spouse will be able to make day-to-day child raising decisions on a mature, cooperative basis?

One thing that won't help is asking for joint custody simply to "keep things even." Remember, the more you can frame the request as being for the "best interests of the child", the more likely the court is to approve your request.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]