Stark & Stark Associate Corrine E. Cooke, member of the Family Law & Divorce Group, authored the article How Will the Issue of Custody and Parenting Time be Determined in My Divorce?, which was published on NJ.com on November 13, 2015.

The article discusses the two types of custody in New Jersey considered during a divorce. This is “legal” custody and “physical” custody. A parent awarded legal custody means that they can make the primary decisions about the child(ren)’s care, including education, medical care, religion, and overall welfare. Additionally, New Jersey courts have a strong preference for Joint Legal Custody when possible, which means that both parents will be consulted on all major decisions regarding the child(ren).

Physical custody, on the other hand, is considered to be whichever parent has the child(ren) more than 50 percent of the time; this parent is designated the Parent of Primary Residence, while the other is designated the Parent of Alternate Residence. However, holiday parenting time and vacation parenting time are not to be included in either parent’s total number of overnights, because “the annual number of overnights is necessary to determine child support pursuant to the New Jersey Child Support Guidelines.”

If there ever are issues from determining custody and/or parenting time, the state of New Jersey requires that “the court is required to refer the case to mediation through the courts.”

To read the full article, please click here.