New Jersey Custody and Parenting Plans

New Jersey uses a best interests standard under N.J.S.A. 9:2-4 to determine custody arrangements. When parents cannot agree, the court requires custody mediation, written parenting plans, and completion of a mandatory Parents' Education Program. Understanding these requirements is essential for navigating your custody case effectively.

This comprehensive guide covers New Jersey's custody framework, the 2025 child support guidelines, parenting time calculations, mandatory mediation requirements, and step-by-step guidance for creating a court-compliant parenting plan.

New Jersey's Best Interest Factors

Under N.J.S.A. 9:2-4, New Jersey courts evaluate multiple factors when determining custody. There is no presumption favoring either parent or any particular custody arrangement:

• Parents' ability to agree and cooperate: Communication and willingness to work together on child-related matters
• Parents' willingness to accept custody: Each parent's desire for custody and ability to care for the child
• Interaction and relationship: The quality of the child's relationship with each parent and siblings
• History of domestic violence: Any incidents involving either parent or household members
• Safety of the child and parents: Protection from physical harm or abuse
• Child's preference: If the child is of sufficient age and capacity to reason
• Needs of the child: Educational, developmental, and emotional requirements
• Stability of the home environment: Continuity and consistency for the child
• Quality and continuity of education: The child's school and community ties
• Fitness of parents: Each parent's ability to provide appropriate care
• Geographic proximity: Distance between the parents' homes
• Time spent with the child: Each parent's history of involvement before separation
• Parents' employment responsibilities: Work schedules and availability
• Number and ages of children: Keeping siblings together when appropriate

Important: New Jersey has no presumption in favor of joint custody or any specific arrangement. Courts evaluate each case individually based on the child's best interests.

Types of Custody in New Jersey

New Jersey recognizes several custody arrangements:

Legal Custody

• Joint legal custody: Both parents share decision-making authority on major issues (education, healthcare, religious upbringing)
• Sole legal custody: One parent has exclusive decision-making authority

Physical Custody

• Parent of Primary Residence (PPR): The parent with whom the child resides more than 50% of overnights
• Parent of Alternate Residence (PAR): The parent with fewer than 50% of overnights
• Shared physical custody: When the PAR has 104+ overnights per year (28%+)

Parenting Plan Requirements

Under Rule 5:8-5, if parents cannot agree on custody and parenting time, each must file a written Custody and Parenting Time/Visitation Plan:

• Filing deadline: Within 75 days after the last responsive pleading OR within 14 days after unsuccessful mediation
• Required elements: Proposed physical custody schedule, legal custody provisions, holiday and vacation arrangements, communication protocols, and dispute resolution procedures
• Final order: The court's judgment must include a parenting plan addressing all custody and parenting time issues

Mandatory Custody Mediation

Under Rule 1:40-5(a) and Rule 5:8-1, custody mediation is mandatory when custody or parenting time is genuinely disputed:

• The court screens and refers contested cases to custody mediation
• Mediation typically concludes within about two months (unless extended for good cause)
• Mediators help parents develop parenting agreements but do not make decisions
• If mediation fails, parties must file their individual parenting plans within 14 days

Domestic Violence Exception

If there is a temporary or final restraining order under the Prevention of Domestic Violence Act:

• The court will not refer the protected party to joint custody mediation
• Domestic violence issues are not mediated in custody mediation
• The court handles custody determinations through other procedures

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Parents' Education Program

Under N.J.S.A. 2A:34-12.3 and N.J.S.A. 2A:34-12.5, New Jersey requires parents to complete a mandatory education program:

• When required: Cases involving custody, visitation, or support of minor children
• Cost: $25 per parent (statutory fee)
• Timing: Courts generally require completion before entering the final judgment
• Exceptions: May be waived for good cause or when a DV restraining order exists

Child Support Under New Jersey Guidelines

New Jersey uses the Income Shares model under Rule 5:6A and Appendices IX-A through IX-H. The 2025 guidelines, effective June 1, 2025, govern all calculations:

Key Support Thresholds

• Combined income cap: $187,200/year ($3,600/week) - above this, courts add discretionary amounts
• Self-Support Reserve (SSR): $451/week (2025) - obligors retain at least this amount
• Minimum order: $5/week in extremely low-income situations
• Shared parenting threshold: 104+ overnights/year (28%+) triggers the shared parenting worksheet

Expense Categories

The guidelines divide child-rearing costs into three categories totaling 100% of the Basic Child Support Amount (BCSA):

• Fixed expenses (38%): Housing-related costs that don't vary with overnight presence
• Variable expenses (37%): Food, transportation - follow the child and are time-sensitive
• Controlled expenses (25%): Clothing, personal care, entertainment - managed by the PPR

Add-On Expenses

• Work-related childcare: Net cost after tax credits, shared by income proportion
• Health insurance: Child's share of premium, allocated by income
• Unreimbursed medical: First $250/child/year presumed included; above that shared proportionally
• Extraordinary expenses: Court-approved costs like private school, special needs, long-distance travel

Parenting Time and Support Adjustments

Your parenting time arrangement directly affects child support calculations:

Sole Parenting Worksheet (Less than 104 overnights)

• PAR receives a credit for variable expenses incurred during their time
• Credit = BCSA × 37% × PAR's share of overnights
• Vacations and holidays do not count toward the overnight threshold

Shared Parenting Worksheet (104+ overnights)

• Recognizes that both households incur fixed and variable costs
• Uses a two-household cost method with separate accommodations required
• PAR must have a bed/room for the child during overnights
• Equal time with unequal incomes still results in support flowing from the higher earner

Note: Vacations and holidays do not count toward the 104-overnight shared parenting threshold. The schedule must reflect regular overnight parenting time with separate accommodations.

Support Duration and Termination

Under N.J.S.A. 2A:17-56.67, New Jersey child support follows specific termination rules:

• Default termination: Age 19 (automatically unless exceptions apply)
• High school exception: Continues if child is still in high school or secondary program
• Full-time college: May continue for full-time postsecondary students
• Maximum age: Support terminates by operation of law at age 23
• Disabled adult children: "Financial maintenance" may continue for children with severe mental or physical incapacity

Modifying Custody and Support Orders

New Jersey allows modification under specific circumstances:

Custody Modification

• Requires a substantial change in circumstances affecting the child's welfare
• Courts re-evaluate the best interest factors under N.J.S.A. 9:2-4
• Custody mediation may again be required if parents cannot agree

Support Modification

• Changed circumstances: Substantial, continuing change required (Lepis v. Lepis standard)
• Biennial COLA: Automatic cost-of-living adjustments every two years under Rule 5:6B
• Triennial review: In Title IV-D (agency) cases, either party may request review every three years
• Retroactivity limited: Generally only back to the filing/notice date

Early Settlement Panel (ESP) and ADR

New Jersey uses multiple alternative dispute resolution processes under Rule 5:5-5:

• Custody mediation: For parenting time and custody disputes (mandatory when contested)
• Matrimonial Early Settlement Panel (ESP): Volunteer family law attorneys provide confidential settlement recommendations on financial issues (not custody)
• Post-ESP economic mediation: If issues remain after ESP, economic mediation continues
• ESP submission: Both sides must submit materials at least 5 days before the panel date

Enforcement of Orders

New Jersey provides robust enforcement mechanisms:

• Income withholding: Immediate in most cases; otherwise triggers at 14 days' arrears
• Tax refund intercepts: Federal ($500+ arrears non-PA; $150+ PA cases); State (1 month arrears)
• License suspension: Driver's, professional, and sporting licenses at 6+ months arrears
• Passport denial: Arrears exceeding $2,500
• Credit reporting: Arrears over $1,000
• Bank levies and liens: On real and personal property

Key Takeaways

• Best interest factors: Courts evaluate N.J.S.A. 9:2-4 factors; no presumption for either parent
• Mandatory mediation: Custody mediation required when parenting time is disputed (DV exception)
• Parenting plan deadline: 75 days after last pleading or 14 days after unsuccessful mediation
• Parents' Education: $25 per parent; required before final judgment
• Shared parenting threshold: 104+ overnights/year (28%+) triggers different worksheet
• Self-Support Reserve: $451/week (2025); obligors retain at least this amount
• Combined income cap: $187,200/year; discretionary above that
• Support duration: Ends at 19, may extend to 23 for students
• Biennial COLA: Automatic cost-of-living adjustments every two years
• QuickCalc: Use the official NJ calculator for precise estimates

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.