What is a parenting plan in New Jersey?

A parenting plan is a written document in which parents set out how they will share custody, decision-making, and parenting time with their children. In New Jersey it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing custody order. The plan describes the custody arrangement and the parenting-time schedule, and the parents ask a New Jersey court to approve it in the best interests of the child (N.J.S.A. 9:2-4).

What is the difference between a parenting plan and a custody order in New Jersey?

In New Jersey a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. Custody is set inside the court's order in the Family Part of the Chancery Division. When the parents cannot agree, the court may require each parent to submit a custody plan, which it considers in awarding custody (N.J.S.A. 9:2-4(e)); if the court finds the arrangement is in the child's best interests, it becomes a binding custody order.

What custody arrangements can a New Jersey court order?

A New Jersey court may award joint custody to both parents, which is comprised of legal custody or physical custody, with provisions for residential arrangements and for consultation between the parents in making major decisions regarding the child's health, education, and general welfare. It may instead award sole custody to one parent with appropriate parenting time for the other parent, or any other arrangement the court finds is in the child's best interests (N.J.S.A. 9:2-4).

What is parenting time in New Jersey?

Parenting time is the New Jersey term for the schedule of time a child spends with each parent. When one parent has sole custody, the other parent has appropriate parenting time (N.J.S.A. 9:2-4). Your New Jersey parenting plan should describe the parenting-time schedule in detail: the regular weekday and weekend routine, holidays, school breaks, and summer.

Where is child custody decided in New Jersey?

In New Jersey, custody is decided in the Family Part of the Chancery Division of the Superior Court in the county where the case is filed. The court sets the custody terms inside its order, deciding custody in the best interests of the child and consistent with the policy of frequent and continuing contact with both parents (N.J.S.A. 9:2-4).

New Jersey Parenting Plan

Q: What standard do New Jersey courts use to decide custody?

New Jersey courts decide custody in the best interests of the child. It is also the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and to encourage parents to share the rights and responsibilities of child rearing (N.J.S.A. 9:2-4).

Q: Do parents have to submit a custody plan in New Jersey?

In New Jersey, when the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan, which the court considers in awarding custody (N.J.S.A. 9:2-4(e)). New Jersey court rule R. 5:8-5 calls for a Custody and Parenting Time/Visitation Plan when the parties cannot agree. When the parents do agree, they can present their own written plan for the court to approve.

Q: Can unmarried parents make a parenting plan in New Jersey?

Yes. A parenting plan in New Jersey can be used by parents who were never married, not only by parents who are divorcing. The public policy of assuring children frequent and continuing contact with both parents and the best interests of the child standard apply regardless of whether the parents were married (N.J.S.A. 9:2-4).

A New Jersey parenting plan sets out joint or sole custody and parenting time, guided by the policy of frequent and continuing contact with both parents and the best interests of the child (N.J.S.A. 9:2-4). Attorney review available.

Find out where you stand in New Jersey

What is your situation with the parenting plan?

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Introduction

In New Jersey, where custody means joint legal or physical custody, or sole custody with parenting time for the other parent, a parenting plan is the written agreement two parents use to spell out that custody and schedule, whether they are divorcing, were never married, or need to modify an existing custody order. In New Jersey, a court may award joint custody, which is comprised of legal custody or physical custody, or sole custody to one parent with appropriate parenting time for the other parent (N.J.S.A. 9:2-4). It is the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and custody is decided in the best interests of the child. When the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan, which the court considers in awarding custody (N.J.S.A. 9:2-4(e)); New Jersey court rule R. 5:8-5 calls for a Custody and Parenting Time/Visitation Plan when the parties cannot agree. Custody is set inside the court's order in the Family Part of the Chancery Division. Writing out a clear parenting plan is valuable in New Jersey because it shows the court the schedule and decision-making arrangement the parents are asking it to adopt. DocDraft builds your New Jersey parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In New Jersey, a parenting plan is the written document in which two parents set out legal and physical custody and parenting time for their children, whether they are divorcing, were never married, or are changing an existing order.
2
New Jersey courts can award joint custody, comprised of legal custody or physical custody, or sole custody to one parent with parenting time for the other parent (N.J.S.A. 9:2-4).
3
It is the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents separate or divorce (N.J.S.A. 9:2-4).
4
New Jersey decides custody in the best interests of the child (N.J.S.A. 9:2-4).
5
When the parents cannot agree, a New Jersey court may require each parent to submit a custody plan, which the court considers in awarding custody (N.J.S.A. 9:2-4(e)).
6
New Jersey court rule R. 5:8-5 calls for a Custody and Parenting Time/Visitation Plan when the parties cannot agree on custody or parenting time.
7
Custody in New Jersey is set inside the court's order in the Family Part of the Chancery Division.

Key decisions before you file

Before you file a Parenting Plan in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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NEW JERSEY PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing custody order. It sets out custody and the parenting-time schedule the parents ask a New Jersey court to approve in the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody and decision-making. The parents will share [joint legal custody / sole legal custody to PARENT]. Major decisions about the children's health, education, and general welfare will be made [jointly, after consultation in good faith / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical custody and parenting time. The parents will share [joint physical custody / sole physical custody to PARENT]. The children will reside with [PARENT] and have parenting time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the parenting-time schedule.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval and is guided by the best interests of the child and by New Jersey's public policy of assuring children frequent and continuing contact with both parents (New Jersey Statutes 9:2-4). When the parents cannot agree, the court may require each parent to submit a custody plan (N.J.S.A. 9:2-4(e)). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

New Jersey Requirements for Parenting Plan

Joint Custody, Sole Custody, and Parenting Time
A New Jersey court may award joint custody, comprised of legal custody or physical custody, or sole custody to one parent with appropriate parenting time for the other parent (N.J.S.A. 9:2-4). Joint custody includes provisions for residential arrangements and for consultation between the parents on major decisions.
Frequent and Continuing Contact Policy
It is the public policy of New Jersey to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and to encourage parents to share the rights and responsibilities of child rearing (N.J.S.A. 9:2-4).
Best Interests of the Child Standard
New Jersey decides custody in the best interests of the child. Beyond joint or sole custody, a New Jersey court may order any other custody arrangement it determines to be in the best interests of the child (N.J.S.A. 9:2-4).
Custody Plan Submission
When the parents cannot agree to a custody arrangement, a New Jersey court may require each parent to submit a custody plan, which the court considers in awarding custody (N.J.S.A. 9:2-4(e)). New Jersey court rule R. 5:8-5 calls for a Custody and Parenting Time/Visitation Plan when the parties cannot agree.
Legal Custody Decision-Making
Your parenting plan should state whether legal custody is joint or sole and how the parents will consult on major decisions regarding the children's health, education, and general welfare. Under joint custody in New Jersey the plan includes provisions for consultation between the parents on those major decisions (N.J.S.A. 9:2-4).
Residential Arrangements and Parenting Time
Your plan should describe the residential arrangements and the parenting-time schedule: where the children reside, the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Joint custody in New Jersey includes provisions for residential arrangements for the children (N.J.S.A. 9:2-4).
Where Custody Is Decided in New Jersey
In New Jersey, custody is decided in the Family Part of the Chancery Division of the Superior Court in the county where the case is filed. The court sets the custody terms inside its order under the best interests of the child standard (N.J.S.A. 9:2-4).
Court Approval
A New Jersey parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose is in the child's best interests, it becomes a binding custody order (N.J.S.A. 9:2-4). This page cites New Jersey statutes confirmed through Gemini and a codified republication; attorney review is available to re-confirm the current statute and court rule.

Find out where you stand in New Jersey

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

New Jersey Requirements for Parenting Plan

Joint Custody, Sole Custody, and Parenting Time

Frequent and Continuing Contact Policy

Best Interests of the Child Standard

Custody Plan Submission

Legal Custody Decision-Making

Residential Arrangements and Parenting Time

Where Custody Is Decided in New Jersey

Court Approval

Frequently Asked Questions