Years ago, courts routinely awarded mothers sole physical custody of their children in divorce proceedings. Legal and mental health experts saw 50-50 physical custody as a way to keep both parents involved in their children’s lives and avoid litigation. However, we are now left to question whether 50-50 physical custody is the panacea we thought it would be, or causes more problems than it solves. With more states considering laws to promote equal physical custody, what does hindsight teach us about the future?
In New Jersey, as in most states, it’s rare for one parent to be granted sole physical custody of children after a divorce. For decades, our laws have favored joint physical custody arrangements, most often with both parents having equal legal status. Although this arrangement is typical, it is not without problems. When parents share joint legal physical custody, disagreements can arise about major life issues, such as schooling, medical care and religious upbringing.
This can be logistically and emotionally challenging for both the parents and children, as well as legally problematic.
This compelling program will take a 20/20 look at 50-50 arrangements and examine their pros and cons. Our panel of leading New Jersey family lawyers will share solid strategies and practical advice about how to best negotiate parenting arrangements and plans, all with an eye toward anticipating likely problems and resolving them proactively.
The panelists will discuss seminal cases such as Madison v Davis, 243 N.J. Super ( 20 (Ch. Div. 2014), which primarily deals with custody, but also addresses the issue of courts having the discretion to order co-parenting counseling as a mandatory requirement of joint custody.
Topics include:
- Is sole custody ever in the best interest of a child?
- What a parent must show to obtain sole custody
- Issues with shared legal custody and how to address routine and major life decisions in parenting plans
- What types of physical custody arrangements are in the best interest of the child?
- Issues with equal physical custody - Is it beneficial to children? Can it be detrimental?
- What the experts say?
- Public policy consideration