Common Custody Questions: What do “sole,” “joint,” and “legal” mean?

Understanding the basic vocabulary of child custody in New Jersey

Legal custody is the less-litigated of the two types of custody only because it is difficult to repeal a patent’s legal custody rights once they’ve been established. In New Jersey, family courts have the relatively broad power to “make such order…as to the care, custody, education and maintenance of the children… as the circumstances of the parties and the nature of the case shall render fit, reasonable and just.” (per N.J.S.A. 2A:34-23):

– Sole legal custody refers to a situation where the custodial parent makes all major decisions impacting the child’s life, ranging from day-to-day decision to more major ones like educational choices and medical procedures. However, unless the non-custodial is placing his or her child in some type of physical danger (for example, there is an active Child Protection and Permanency CP&P, formerly DYFS, concern pertaining to abuse), this type of custodial arrangement is not the norm.

– Joint  or “shared” legal custody occurs when one parent is designated as the parent of primary residence (or “PPR”) and the other as the parent of alternate residence (the “PAR”). Here, both parents have a right to participate in major decision-making involving the health, safety, and welfare of the parties’ child(ren), but the Court is nevertheless reluctant to interfere in decision-making unless it believes the child’s best interests are in jeopardy.

Here, as a very general matter, the Court is again guided by the best interests of the child (first and foremost), the preferences of the PPR, and a preference for the stability of the status quo assuming, of course, it doesn’t intefere with the all-important best interests analysis. Cases in this legal arena are  alsohighly factually-based and can turn upon whether one parent is truly PPR, or if the parties are truly in a shared, 50/50 or close-to parenting time arrangement.