THE BERNARDS-RIDGE CONNECTION PAGE 47 NOV 2024-JAN 2025 theconnectionsnj.com here has been a lot of talk recently about 50-50 residential child custody being the standard. While it’s possible, that is neither the standard in the law or the social science. The custody statute has aspirational language regarding frequent contact with both parents and notes that “… the rights of both parents shall be equal …” but that does not mean there is a presumption in the law for 50-50 residential custody. In fact, the statute goes on to state that the court shall include “… provisions for residential arrangements so that a child shall reside either solely with one parent or with each parent in accordance with the needs of the parents and the child…” Moreover, the court must then look at all the factors in the custody statute to determine what is in a child’s best interests. Here are the factors a court must consider: • the parents’ ability to agree, communicate and cooperate in matters relating to the child • the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse • the interaction and relationship of the child with its parents and siblings • the history of domestic violence, if any • the safety of the child and the safety of either parent from physical abuse by the other parent • the preference of the child when of sufficient age and capacity to form an intelligent decision • the needs of the child • the stability of the home environment • the quality and continuity of the child’s education • the fitness of the parents • the geographical proximity of the parents’ homes • the extent and quality of the time spent with the child prior to or after the separation • the parents’ employment responsibilities • the age and number of the children That said, some judges and custody experts in recent years believe that they are required to default to 50-50, notwithstanding the factors, the actual parenting history or anything else. Moreover, a parenting plan that is appropriate for an older child or teen may not be in the best interests of and can even be harmful to an infant or toddler. In one of my recent cases, an expert for the opposing side defaulted to 50-50 in a very high-conflict divorce that ultimately went to trial on the issue of custody, despite there being no good factual reason for this recommendation. At his deposition, I asked whether he relied on any article or treatise. When I obtained these materials, they did not support his assertions. First, they said shared parenting (which in New Jersey is anything from 28% to 50%) is preferable. More importantly, this presumed that it was not a high-conflict matter. Aside from the logistics of living close by and everything that comes with that, shared parenting requires the ability to communicate, cooperate, compromise and co-parent. So, while 50-50 is an option in some if not many cases, it is not the default. It is a very fact-specific analysis and one size does not fit all. For more information on these and other questions regarding divorce in New Jersey, contact Morristown-based Fox Rothschild Family Law attorney, Eric Solotoff at esolotoff@foxrothschild.com or (973) 994-7501. LAWYER’SVIEW Is 50-50 Child Custody the Norm? By Eric Solotoff, Fox Rothschild That said, some judges and custody experts in recent years believe that they are required to default to 50-50, notwithstanding the factors, the actual parenting history or anything else. T
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