New Jersey Divorce with Children

Everything you need to know about divorce with children in New Jersey — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.

Types of Custody in New Jersey

Legal Custody

The right to make major decisions about your child's education, healthcare, religion, and welfare.

Joint:Both parents share decision-making authority
Sole:One parent has exclusive decision-making authority

Physical Custody

Determines where the child lives on a day-to-day basis and the parenting time schedule.

Joint:Child splits time between both households
Primary:Child lives mainly with one parent; other gets visitation

"Best Interests of the Child" Factors

New Jersey courts consider multiple factors when determining custody arrangements:

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Parent-Child Bond: The emotional relationship between each parent and the child
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Stability: Each parent's ability to provide a stable home environment
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Co-Parenting Ability: Each parent's willingness to foster the child's relationship with the other parent
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Child's Adjustment: The child's adjustment to home, school, and community
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Mental & Physical Health: The mental and physical health of all parties involved
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Child's Preference: The child's reasonable preference (if old enough to express one)
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History of Abuse: Any history of domestic violence, abuse, or neglect
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Work Schedules: Each parent's work schedule and availability to the child

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Child Support in New Jersey

Income shares Model

New Jersey uses the Income Shares Model for child support calculations. Both parents' net incomes are combined and matched to the Schedule of Basic Child Support Awards (Appendix IX-F to Court Rules) to determine the base obligation. Each parent's share is proportional to their percentage of the combined income. Additional costs for health insurance, childcare, and extraordinary expenses are added. Parenting time adjustments may apply. As of January 1, 2025, the self-support reserve is $451 per week (150% of poverty guideline for one person).

Official New Jersey child support calculator →

Factors Considered

•Both parents' gross income
•Number of children
•Custody arrangement / parenting time
•Health insurance costs for children
•Childcare expenses
•Special needs of the child
•Other child support obligations
•Standard of living during marriage
Use our New Jersey child support calculator →

Mandatory Parenting Course

New Jersey requires both parents to complete a parenting education course when filing for divorce with minor children.

New Jersey requires all parents in divorce or separation cases involving custody, visitation, or support to attend the Parents' Education Program (PEP). The program is a 4-hour course (available in person or online) covering the impact of divorce on children, communication skills, co-parenting strategies, and legal issues. Must be completed within 90 days of filing the complaint. Cost is approximately $25. Failure to attend can result in sanctions, fines, or impact on custody.

Typical cost: $25

Protect your children through the process

Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related New Jersey forms.

What Goes in a Parenting Plan?

A comprehensive parenting plan should cover:

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Regular Parenting Schedule

Week-by-week schedule of where the child lives and when transitions occur.

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Holiday & Vacation Schedule

How holidays, school breaks, and vacation time are divided between parents.

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Decision-Making Authority

Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.

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Communication Rules

How the child communicates with the non-custodial parent (phone, video calls, etc.).

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Transportation & Exchange

Who handles pickups/dropoffs and where exchanges occur.

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Dispute Resolution

How disagreements about the parenting plan will be resolved (mediation first, then court).

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Relocation Rules

Notice requirements and procedure if either parent wants to move.

Tips for Protecting Your Children During Divorce

1.

Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.

2.

Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.

3.

Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.

4.

Consider counseling. A child therapist can help children process their emotions during this time.

Frequently Asked Questions

How is child custody decided in New Jersey?
New Jersey courts determine custody based on the "best interests of the child" standard. Factors include each parent's relationship with the child, ability to provide stable housing, mental and physical health, and the child's preferences (if old enough). Courts generally favor arrangements that allow both parents significant time with the child.
How is child support calculated in New Jersey?
New Jersey uses the income shares model to calculate child support. New Jersey uses the Income Shares Model for child support calculations. Both parents' net incomes are combined and matched to the Schedule of Basic Child Support Awards (Appendix IX-F to Court Rules) to determine the base obligation. Each parent's share is proportional to their percentage of the combined income. Additional costs for health insurance, childcare, and extraordinary expenses are added. Parenting time adjustments may apply. As of January 1, 2025, the self-support reserve is $451 per week (150% of poverty guideline for one person).
Is a parenting course required for divorce with children in New Jersey?
Yes, New Jersey requires parents to complete a parenting course during divorce proceedings. New Jersey requires all parents in divorce or separation cases involving custody, visitation, or support to attend the Parents' Education Program (PEP). The program is a 4-hour course (available in person or online) covering the impact of divorce on children, communication skills, co-parenting strategies, and legal issues. Must be completed within 90 days of filing the complaint. Cost is approximately $25. Failure to attend can result in sanctions, fines, or impact on custody.
What is the difference between legal custody and physical custody in New Jersey?
Legal custody refers to the right to make important decisions about the child's upbringing (education, healthcare, religion). Physical custody refers to where the child lives. Both can be sole (one parent) or joint (shared). New Jersey courts can award different arrangements for legal and physical custody.
Can child support be modified in New Jersey?
Yes, child support orders in New Jersey can be modified when there is a substantial change in circumstances, such as a significant change in either parent's income, changes in custody arrangements, or changes in the child's needs. You must petition the court for a modification.

Related New Jersey Guides

New Jersey Divorce GuideNew Jersey Divorce FormsNew Jersey Divorce CostNew Jersey Divorce TimelineNew Jersey Uncontested DivorceNew Jersey Property DivisionNew Jersey Residency RequirementsNew Jersey Child Support CalculatorNew Jersey Alimony Calculator

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