In the recent unpublished decision of K.K. v. L.K. the plaintiff-father argued the parties should have a fifty-fifty parenting schedule in New Jersey. He claimed the trial judge violated public policy, which promises children "frequent and continuing contact with both parents . . . ." under the Statute N.J.S.A. 9:24. The appeals court disagreed. N.J.S.A. 9:2-4 states that it is the public policy of the State of NJ to assure minor children of frequent and continuing contact with both parents after the parents have separated and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. The statute further states that the rights of both parents shall be equal and grants the court authority to assure those rights by means of awarding joint, sole, or any other legal and physical custody arrangement that is in the child(ren)'s best interests,
The statutory language of frequent and continuing contact with both parents and that both parents' rights are equal does not mean that courts must award fifty-fifty physical custody. Equal rights does not mean equal time. The statute also requires that the courts engage in an analysis of what are known as the best interests factors. If equal time where presumed then there would be no need to analyze these factors. The courts are required to consider and apply all of the parts of the statute and one part is not necessarily more or less important than another.
In the K.K. case the situation was further complicated by the fact that the court allowed the mom to relocate with the children to California. This put a strain on the father’s access to the children.
Frequent and continuing contact with both parents can be accomplished in myriad ways without the necessity of fifty-fifty custody. However, this is a complicated analysis that requires the assistance of an attorney experienced in dealing with parenting plans in cases where the parents live close together and far apart.
The attorneys at LaBletta & Walters are experienced in custody and parenting time disputes. If you have a parenting time case where one parent seeks to move out of state, contact our office for a consultation.