Custody And Parenting Time
N.J.S.A. 9:2-4 — the rights of both parents are equal, and the child's safety comes first
Equal rights. In New Jersey, in any custody proceeding the rights of both parents are equal. The stated policy is that children's protection and welfare are paramount, which can include continuing contact with both parents, and that parents be encouraged to share child rearing where that is in the child's best interest.
Custody decisions are made case by case, the child's expressed preferences are considered, and the child's safety is treated as a threshold issue. The court may order joint legal or physical custody, with the child living with one parent or with each.
Sources for this section (1)
- N.J.S.A. 9:2-4 — Custody of a child; rights of both parents
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.