Child Custody Laws in New Jersey

Both parents' rights are equal, and the child's safety and best interests are paramount. The court may order joint custody, sole custody with parenting time, or another arrangement in the child's best interests, and must approve an arrangement both parents agree to unless it is contrary to the child's best interests. Factors include the parents' ability to communicate and cooperate, willingness to accept custody and allow parenting time, the child's relationships, any history of domestic violence or child abuse, the child's safety, the child's preference when of sufficient age and capacity to reason, the child's needs, home stability, education, parental fitness, distance between homes, time spent with the child, and work responsibilities. No specific age is set for the child's preference.

In a non-divorce (FD) custody or support case, you can request an Emergent Hearing for urgent issues involving a child's safety, when an emergency remedy is the only way to prevent immediate harm. The court's emergent hearing form includes examples. Forms can be uploaded through JEDS, delivered to the county courthouse, or mailed. There is no fee for a first-time filing; a request to modify an existing case costs $25, plus a separate $6 fee if child support is requested.

In divorce, nullity or separate maintenance cases where custody, visitation or support of a minor child is at issue, the court orders each party to attend the Parents' Education Program (in separate sessions) before judgment, with a $25 registration fee. The court may exempt a party for good cause and will not refer parties when a domestic violence restraining order is in place. The court's self-help page adds that the program is not required if a signed property settlement agreement is filed with the first filing.