- posted: Apr. 15, 2025
- Family Law
When considering child custody arrangements for parents who no longer live together, an even split in parenting time might seem like an optimal resolution. Indeed, some states require courts to start with a 50/50 presumption when making custody decisions. New Jersey has not instituted a 50/50 rule, however. Even though it is usually preferable for both parents to remain actively involved in their children’s lives, judges focus on what is in the best interests of the particular child(ren) over any preconceived arrangement.
In K.K. v. L.K., the Appellate Division of the New Jersey Superior Court addressed a father’s assertion that state law favors 50/50 child custody arrangements. This argument was based on the language in N.J.S.A. 9:2-4, which states that youths should have “frequent and continuing contact with both parents.” The judges rejected the father’s interpretation, holding that there are “myriad” ways to accomplish the statutory objective without dividing parenting time equally.
New Jersey breaks child custody down into legal custody, which relates to decision-making authority, and physical custody, referring to the time children spend with each parent. Here, the divorcing parties agreed on joint legal custody. This arrangement is not uncommon as it gives both parents a chance to contribute to important matters involving their son or daughter’s education, medical treatment and religious upbringing.
Splitting physical custody down the middle is much more complicated. The court noted that even in cases where parents live close together, one parent is usually the primary caretaker. Rotating constantly between homes can lead to unnecessary complications related to school, social connections and extracurricular activities. Reviewing the situation in K.K. v. L.K., the judges found that 50/50 physical custody was even more unwieldy because the mother lives in California and the father lives in New Jersey. Accordingly, the mother was awarded primary physical custody with extended summer visits for the children at their father’s home. This was deemed sufficient to meet the “frequent and continuing contact” standard.
A one-size-fits-all approach may not account for unique family dynamics, such as a parent’s work schedule, the child’s specific needs or, as in this case, parents who live a great distance from each other. Moreover, in situations involving abuse or neglect, an equal-time presumption could place children in unsafe environments.
At Rehrer & Rehrer Attorneys at Law, we understand that custody matters are deeply personal and often complex. If you require legal counsel for a dispute over parenting terms or another family law matter, please call 732-279-0044 or contact us online. Our office is in Toms River and we offer free consultations to new clients.
- posted: Apr. 15, 2025
- Family Law
When considering child custody arrangements for parents who no longer live together, an even split in parenting time might seem like an optimal resolution. Indeed, some states require courts to start with a 50/50 presumption when making custody decisions. New Jersey has not instituted a 50/50 rule, however. Even though it is usually preferable for both parents to remain actively involved in their children’s lives, judges focus on what is in the best interests of the particular child(ren) over any preconceived arrangement.
In K.K. v. L.K., the Appellate Division of the New Jersey Superior Court addressed a father’s assertion that state law favors 50/50 child custody arrangements. This argument was based on the language in N.J.S.A. 9:2-4, which states that youths should have “frequent and continuing contact with both parents.” The judges rejected the father’s interpretation, holding that there are “myriad” ways to accomplish the statutory objective without dividing parenting time equally.
New Jersey breaks child custody down into legal custody, which relates to decision-making authority, and physical custody, referring to the time children spend with each parent. Here, the divorcing parties agreed on joint legal custody. This arrangement is not uncommon as it gives both parents a chance to contribute to important matters involving their son or daughter’s education, medical treatment and religious upbringing.
Splitting physical custody down the middle is much more complicated. The court noted that even in cases where parents live close together, one parent is usually the primary caretaker. Rotating constantly between homes can lead to unnecessary complications related to school, social connections and extracurricular activities. Reviewing the situation in K.K. v. L.K., the judges found that 50/50 physical custody was even more unwieldy because the mother lives in California and the father lives in New Jersey. Accordingly, the mother was awarded primary physical custody with extended summer visits for the children at their father’s home. This was deemed sufficient to meet the “frequent and continuing contact” standard.
A one-size-fits-all approach may not account for unique family dynamics, such as a parent’s work schedule, the child’s specific needs or, as in this case, parents who live a great distance from each other. Moreover, in situations involving abuse or neglect, an equal-time presumption could place children in unsafe environments.
At Rehrer & Rehrer Attorneys at Law, we understand that custody matters are deeply personal and often complex. If you require legal counsel for a dispute over parenting terms or another family law matter, please call 732-279-0044 or contact us online. Our office is in Toms River and we offer free consultations to new clients.
