Joint physical custody is when both parents maintain an equitable responsibility to physically house and care for their child. In New Jersey, the courts may award joint physical custody when doing so is in the best interests of the child, as it allows both parents to maintain a meaningful role in the child’s life. As such, the court will consider the needs of the child, including their emotional, educational, and developmental needs, along with the circumstances of the parents. Follow along to find out the joint physical custody schedules commonly ordered in Morristown by the family court and how a proficient Morristown child custody lawyer at Graves Andrews, LLC can help you best abide by yours.
What Does Joint Physical Custody Mean in New Jersey?
In New Jersey, including Morristown, Madison, and other Morris County communities, joint physical custody means both parents are responsible for housing and the daily care of the child. However, it is worth mentioning that joint physical custody does not necessarily mean your child must make an even 50/50 split in their time to be with both you and your former spouse.
In New Jersey, family courts generally create custody schedules in accordance with:
- The child’s educational needs
- Healthcare and medical considerations
- The child’s extracurricular commitments
- The work schedules and job responsibilities of the parents
- The geographic proximity of the parents to each other and the child’s school and community
- The emotional stability of the child
- The willingness of the parents to cooperate
- Any allegations of abuse, neglect, or substance abuse
How Does Joint Physical Custody Differ from Legal Custody?
- Physical custody determines where the child resides and the parent responsible for their daily care
- Legal custody determines authority over important decisions, including where the child goes to school, if they practice a religion, what medical care they receive, and what extracurricular activities they participate in
- Parents can share legal custody, physical custody, or both
- New Jersey courts take the child’s best interest into consideration when determining these matters
What Are Joint Physical Custody Schedules Commonly Ordered by the New Jersey Family Court?
In New Jersey, the court can implement different types of parenting schedules and arrangements based on the unique circumstances of the family. The correct schedule generally depends on the best interests of the child, taking matters like their age, routine, and the availability of the parents into consideration. In many custody cases, the courts also consider whether the parenting schedule will maintain consistency in the child’s education, extracurricular activities, medical care, and relationship with both parents.
Alternating Week Schedule
- The child spends one week with one parent, and the next week with the other parent
- Reduces frequent moves between households
- Often ideal for older children and cooperative parents
- Common when parents live near one another
Two-Week Schedule
- The child spends two weeks with one parent, and the next two weeks with the other
- Provides longer periods of consistency and stability
- May be more ideal for parents who live further apart
- Less common for younger children who benefit from more frequent contact
Every-Weekend Schedule
- The child spends weekdays with one parent and weekends with the other
- May work better when one parent lives further away
- May also work if one parent has a more demanding work schedule
Four-Three Schedule
- The child spends four days with one parent, and three days with the other
- Allows for frequent and ongoing involvement with both parents
- Helps establish stability and routine
Other Common Arrangements
Other joint custody arrangements implemented by courts in New Jersey can include:
- Two-Two-Three Schedule
- Two days with one parent, two days with the other parent, and alternating three-day weekends
- Two-Two-Five-Five Schedule
- Two days with one parent, two days with the other parent, and alternating five-day periods with the parents
- Three-Four-Four-Three Schedule
- Three days with one parent, four days with the other parent, and alternating schedules
These are generally more ideal for younger children, as it eliminates prolonged periods of separation from either parent.
Which Joint Custody Schedule Is Best for a Child?
It’s important to understand that all custody cases in Morris County are determined on an individual basis. Because no family is the same, the court must consider several factors when determining which schedule will best serve the child, in accordance with the best interests of the child standard.
Factors That Can Influence Which Custody Schedule Is Chosen
- The age and developmental needs of the child
- The location of the child’s school and extracurricular activities
- The ability of the parents to cooperate and communicate
- The distance between the parents’ homes
- Any medical or educational needs
- Each parent’s work schedule
- The emotional well-being of the child and their need for structure
What Other Custody Arrangements Exist in New Jersey?
In addition to the aforementioned joint custody schedules, there are several other common forms of joint physical custody that the courts can consider, depending on the circumstances of the parents.
Primary Residential Custody
- The child resides with one parent 51% of the time
- The other parent received scheduled parenting time
- Often implemented when one parent relocates farther away
Shared Residential Custody
- The child spends equal (or as close to equal) time with each parent
- Often considered a 50/50 arrangement
- Generally works best when parents live close and cooperate
Nesting
- The child remains in a shared home while parents rotate in and out
- Helps maintain consistency and structure for the child
- Can be difficult, as it requires the parents to maintain multiple residences
What Must I Do to Comply With My Custody Order?
You may not necessarily agree with the parenting schedule set forth for you and your former spouse, but this does not mean that you can outright disrespect it. This is for the sake of your child’s best interest and to avoid being punished by the New Jersey family court. Therefore, the following tips may aid you in complying with your custody order to the best of your ability:
- Do not prevent your child from contacting your former spouse during your scheduled time
- Do not be late when dropping off your child at their scheduled time with your former spouse
- Do not take your child from your former spouse’s care without their consent or deny their parenting time
Contact an Experienced Morris County Family Lawyer Today
If you are going through a divorce or separation from the other parent of your child, understanding how to navigate these matters is critical. That is why working with an experienced attorney at Graves Andrews, LLC is in your best interest. Our firm understands that these matters can be overwhelming, which is why we are here to assist you in every step of the process. When you need assistance, do not hesitate to contact us today.