What is joint physical custody?
The New Jersey Supreme Court has defined joint physical custody as “joint responsibility for minor day-to-day decisions and the exertion of continuous custody by both parents over a child for significant pe riods of time.” 3 That Court further stated that joint physical custody can arise in various forms of time-sharing arrangements, such as, “three entire days with one parent and four entire days with another parent or alternating weeks or even years with each parent” “joint physical custody” means that the child lives day in and day out with both parents on a rotating basis. Numerous “parenting times” with a child do not constitute joint physical custody. 4 In the event that the parents have a joint physical custody arrangement, then a court must not engage in a true “relocation” analysis (as defined further below); rather, a change of custody analysis which focuses on a traditional best interest standard, as defined above. 2) SOLE PHYSICAL CUSTODY/ PARENT OF PRIMARY RESIDENCE What i
Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. It does not have to be fifty-fifty. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives: alternate two-day periods; equal division of the week; alternate weeks; alternate months; alternate four-month periods; and alternate six-month periods. If the child is attending school and spends a substantial amount of time with both parents, it usually is best for the child if the parents live relatively close to each other. A few parents, on an interim basis, have kept the child in a single home while the parents rotate staying in the home with the child.
The New Jersey Supreme Court has defined joint physical custody as “joint responsib[ility] for minor’ day-to-day decisions’ and the exertion of continuous custody by both parents over a child for significant pe riods of time. 3 That Court further stated that joint physical custody can arise in various forms of time-sharing arrangements, such as, “three entire days with one parent and four entire days with another parent or alternating weeks or even years with each parentjoint physical custody’ means that the child lives day in and day out with both parents on a rotating basis. Numerous parenting times’ with a child do not constitute joint physical custody. 4 In the event that the parents have a joint physical custody arrangement, then a court must not engage in a true “relocation analysis (as defined further below); rather, a change of custody analysis which focuses on a traditional best interest standard, as defined above. 2) SOLE PHYSICAL CUSTODY/ PARENT OF PRIMARY RESIDENCE What is
Reply That’s a question that has been bugging me for a while. Does anyone know the Legal and/or Layman definition for this? And please do not answer with it is 50/50 time with both parents because I now know that not to be true. Not to be mean, I just want a real answer. • • 01-04-2006 10:41 AM In reply to SueMo • • Joined on 08-21-2002 • Posts 1,178 Real Answer Reply Joint Physical Custody is where both parents share in the custody of the child. It can be 50/50, or it can be another arrangement, but both parents are equally responsible for the child and their time can be arranged according to their individual schedules. Based on this, support is often lessened or not necessary to pay. I don’t know why you don’t think joing physical custody is not 50/50 – it can be. Sue 🙂 • • 01-04-2006 9:05 PM In reply to able2345 • • Joined on 11-28-2004 • Posts 786 re: What is Joint Physical Custody? Reply I agree with Sue Joint Physical Custody can be 50-50 or 35-65 or any other arrangement the pa
