Splitting the Baby Never Works: When Did New Jersey Adopt a 50/50 Physical Custody Presumption?
"Make no mistake: New Jersey law does not presently have a presumption of 50/50 physical custody," write Matheu D. Nunn, Linda Torosian, Alyssa DeFuria and Alyssa Engleberg Nunn.
August 27, 2024 at 10:00 AM
9 minute read
Family LawOver the past few years, we have heard from several attorneys that some Family Part judges are under the mistaken impression that N.J.S.A. 9:2-4 stands for the proposition that, as a starting point in any parenting time dispute, there is a presumption of "equal" (50/50) physical custody. That mistaken approach views the "best interests" factors as the means to diverge from "presumptive" equal physical custody. In addition, there are unpublished Appellate Division decisions that can be interpreted in support of that proposition of law. Although this interpretation may lead to quicker resolutions of custody disputes because litigants (and attorneys) determine that the resources are insufficient to establish the requisite proofs to depart from the presumption, make no mistake: New Jersey law does not presently have a presumption of 50/50 physical custody.
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