New Jersey Custody & Parenting
Current, source-linked New Jersey custody terminology and rules without imported out-of-state formulas.
New Jersey terminology
Legal custody
The right to make major decisions for the child (medical, religious, educational).
Physical custody
Where the child actually lives and receives day-to-day care — sole or joint.
Joint custody
Both parents share legal and/or physical custody when it is in the child's best interest.
Best interests
The standard; decided on all relevant factors (N.J.S.A. 9:2-4).
Core rules
- There is no presumption for or against either parent in a custody action between parents
- Custody is decided on the child's best interests by considering all relevant factors (N.J.S.A. 9:2-4)
- The court gives priority to the child's safety in the factors
- No party receives a preference based on gender
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In contested cases the court may require mediation
Support and modification cautions
New Jersey uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' income and reads the basic obligation from the schedule (N.J.S.A. 2A:17-56.23a / R. 5:6A), with a shared-parenting worksheet at 28%+ overnights. A custody order may be modified upon a change in circumstances that affects the child's best interests.
Always confirm current local forms, fees, and filing procedure with the New Jersey Family Part of the Superior Court clerk handling your case.