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ARTICLE · 08 MARCH 2013

Custody - Back To Basics

Fox Rothschild LLP
Fox Rothschild LLP
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Yesterday, my post on this blog was called "Alimony - Back to Basics."

United StatesFamily and Matrimonial

Recently, my post on this blog was called "Alimony - Back to Basics."  Just like with alimony, over the years, we have had dozens of posts on this blog about custody and parenting issues.  However, just like with alimony, there are statutory factors that the court, as well as the custody experts, must consider when making decisions (for judges) or recommendations (for experts) related to custody and parenting time.

The following is a refresher on the custody factors set forth in N.J.S.A. 9:2-4 that must be considered:

  1. the parents' ability to agree, communicate and cooperate in matters relating to the child;
  2. the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;

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