I am starting divorce proceedings and my husband who is not exactly a capable parent has decided that he thinks a fair arrangement for our two boys would be to sleep 2 nights a week at his house and get dropped of at school by him and then get picked up by me and so on as well as on weekends. We live in NJ so I was wondering if NJ was even a 50/50 custody state. Wouldn't the children have to have a primary residence they sleep at during the week?
NJ is NOT a 50/50 state on either financial arrangements or custody. NJ permits joint legal justody, but physical residency custody is determined by mutual agreement and court order. For the most part, depending on many factors, NJ usually has the children with the primary care parent during the school week, and on the weekend with the non primary parent. Stop having your husband tell you what the law is, find out from a NJ family lawyer who can provide you with much better advice. This response is posted by a NJ attorney.
Divorce / Separation Lawyer
Mr. Sarno is correct that we are NOT a 50/50 state and the court has to apply numerous factors in making a determination. Most custody arrangements are by mutual consent of the parties as litigating the custody issue is extremely expensive. This, however, does not mean you have to give in to his demand for a shared residential custody arrangement if it is not in your children's best interest. As Mr. Sarno stated, seek the advice of counsel who knows the applicable laws.