Arons & Solomon Divorce Lawyers | August 12, 2025 | Divorce in Hackensack, NJ
If you are going through a child custody case or are considering what type of arrangement would work best for your child, you might be contemplating 50/50 custody. Knowing what this child custody arrangement entails, its benefits, and its drawbacks can help you determine if it is best for your family. Continue reading to learn more about 50/50 custody.
When Child Custody Is Ordered
Child custody is generally only ordered in situations where the parents are not together. The couple could have gotten divorced, never married to begin with, or are separated. New Jersey can also order child custody in cases involving non-dissolution, where no divorce action is filed, but child custody needs to be determined.
Types of Child Custody in New Jersey
New Jersey recognizes two types of child custody:
Legal Custody
Legal custody is the right to make important decisions regarding your child, such as where they will go to school, which religion they will be brought up in, and which type of medical treatments they will receive. New Jersey courts can order this type of custody to be sole, in which one parent has the right, or joint, in which both parents share the right.
Physical Custody
Physical custody refers to where the child lives. Like legal custody, it can be sole or joint. In joint physical custody situations, the child spends substantial time with both parents. If sole custody is awarded, the court may order visitation for the other parent.
What Is 50/50 Custody?
50/50 custody generally refers to physical custody. Even with this name, the parents may not have the same amount of time with the child, but the situation is much closer than when one parent has primary custody and the other has visitation. The child spends close to an equal amount of time with each parent.
Is 50/50 Custody Required in New Jersey?
New Jersey law does not explicitly require 50/50 child custody arrangements. However, it does recognize and support 50/50 custody arrangements when they are possible and in the child’s best interests.
For a 50/50 custody arrangement to work, parents must prioritize positive co-parenting. Both parents should be actively involved in making decisions for the child and collaborating to raise the child.
How to Obtain 50/50 Custody
The easiest way to obtain 50/50 custody is to reach an amicable agreement with the other parent to this effect. You can then ask the court to approve your agreement.
Courts often give a lot of deference to agreements that parents work out together. If this is not possible, you can petition the court for custody and prove why this is in your child’s best interests.
Factors Considered in Child Custody Cases
When determining what is in the child’s best interests, New Jersey family courts consider factors such as:
- The willingness and ability of the parents to agree
- The child’s relationship with each child
- Any history of domestic violence within the family
- Each parent’s home environment
- Each parent’s ability to provide for the child’s needs
- The child’s educational needs
- The child’s preference, if the child is of sufficient age and capacity to voice it
An experienced family law attorney can help you with your child custody case, emphasizing the factors that point to your suggested child custody arrangement.
50/50 Custody and Child Support
It’s important to note that child support may still be awarded even in cases involving 50/50 custody. New Jersey child support guidelines consider many factors when determining the appropriate amount of financial support.
The primary factor is the parents’ incomes, so if the parents have very different incomes, the higher-earning parent may be required to pay child support even with a 50/50 split.
Contact the New Jersey Child Custody Lawyers at Arons & Solomon Divorce Lawyers for Help Today
If you would like to learn more about 50/50 child custody arrangements and whether they might be best for your family, contact Arons & Solomon Divorce Lawyers. Our New Jersey child custody attorneys are ready to explain your legal options and rights.
If you have further questions, contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States