Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of New Jersey — Superior Court, Chancery Division, Family Part

COUNTY OF [________________________________]
DOCKET NO.: FM-[____]-[________________________________]

SECTION 1 — IDENTIFICATION OF PARTIES AND CHILD(REN)

1.1 Parent A

1.2 Parent B

1.3 Minor Child(ren)

1.4 Court Filing Information

• Court: Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County
• Docket Number: FM-[____]-[________________________________]
• Related matter: ☐ Divorce (FM) ☐ Non-dissolution custody (FD) ☐ Domestic violence (FV) ☐ Other: [________________________________]
• Effective Date: [__/__/____]

SECTION 2 — RECITALS AND NEW JERSEY LEGAL FRAMEWORK

2.1 The parties are the natural and/or legal parents of the child(ren) identified above.

2.2 The parties desire to establish a joint custody arrangement that serves the best interests of the child(ren) under N.J.S.A. 9:2-4, as amended in January 2026.

2.3 The parties acknowledge the public policy of the State of New Jersey that the protection and welfare of minor children are paramount, and that child safety is the threshold consideration in all custody determinations (2026 amendments to N.J.S.A. 9:2-4).

2.4 The parties have the ability to agree, communicate, and cooperate in matters relating to the child(ren), which is the first factor courts consider under N.J.S.A. 9:2-4(c)(1) in determining whether joint custody is appropriate.

2.5 The parties have considered the fourteen best interest factors under N.J.S.A. 9:2-4(c) and believe that joint custody — both legal and physical — serves the child(ren)'s welfare.

2.6 Safety Certification. Pursuant to the 2026 amendments to N.J.S.A. 9:2-4:
☐ Neither party has a history of domestic violence, child abuse, or conduct creating a safety risk to the child(ren) or the other parent.
☐ Safety concerns exist and are addressed in Section 12 of this Agreement.

SECTION 3 — JOINT LEGAL CUSTODY

3.1 Grant of Joint Legal Custody. Both parents shall share joint legal custody of the child(ren). Each parent has equal rights and responsibilities to participate in major decisions affecting the child(ren)'s health, education, and general welfare.

3.2 Major Decisions Requiring Joint Consultation. The following categories require good-faith consultation and mutual agreement before either parent may act:

• Education: School enrollment, school transfers, private vs. public school, special education services (IEP/504 plans), tutoring, homeschooling decisions, and college planning
• Healthcare: Selection of physicians, dentists, specialists, and therapists; non-emergency medical procedures, surgeries, and medications; vaccinations (to the extent permitted by law)
• Mental Health: Counseling, psychiatric evaluation, psychological testing, and therapeutic interventions
• Religious Upbringing: Religious education, ceremonies (baptism, confirmation, bar/bat mitzvah), and regular religious observance
• Extracurricular Activities: Enrollment in sports, lessons, camps, and organized activities requiring significant time or financial commitment
• Travel: Out-of-state or international travel exceeding [____] consecutive days
• Legal Matters: Filing legal actions on behalf of the child(ren), name changes, or passport applications

3.3 Decision-Making Process.
(a) The parent first identifying a decision shall notify the other parent in writing (email, co-parenting app, or other agreed method) with relevant information.
(b) The other parent shall respond within [____] calendar days.
(c) If the parents cannot reach agreement, they shall follow the dispute resolution procedures in Section 10.

3.4 Emergency Decisions. The parent with the child(ren) at the time of a medical or safety emergency may authorize necessary emergency treatment without prior consultation. That parent shall notify the other parent as soon as practicable, and in no event later than twenty-four (24) hours after the emergency.

3.5 Day-to-Day Decisions. Each parent shall have authority over routine, day-to-day decisions during their parenting time, including meals, bedtime, homework, clothing, and minor discipline.

SECTION 4 — JOINT PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

Note: New Jersey law uses "parenting time" rather than "visitation" to reflect each parent's fundamental right to maintain a relationship with the child(ren).

4.1 Designation of Residences. For purposes of school enrollment, mail, and legal designation only:
☐ Parent of Primary Residence (PPR): Parent [____]
☐ Parent of Alternate Residence (PAR): Parent [____]
☐ Dual residence designation (if school district permits)

This designation does not diminish either parent's custodial rights.

4.2 Regular Parenting Time Schedule — Select One:

☐ Option A — Alternating Weeks (Week-On / Week-Off):
Parent A: Sunday at [____] through the following Sunday at [____]
Parent B: The alternating week on the same schedule
Exchange day and time: [________________________________]

☐ Option B — 2-2-3 Rotation:
Week 1: Parent A — Monday/Tuesday; Parent B — Wednesday/Thursday; Parent A — Friday/Saturday/Sunday
Week 2: Parent B — Monday/Tuesday; Parent A — Wednesday/Thursday; Parent B — Friday/Saturday/Sunday

☐ Option C — 3-4-4-3 Rotation:
Parent A — 3 days; Parent B — 4 days; then Parent A — 4 days; Parent B — 3 days (alternating)

☐ Option D — 5-2-2-5 Rotation:
Parent A — Monday/Tuesday every week; Parent B — Wednesday/Thursday every week; Alternating Friday through Sunday

☐ Option E — Custom Schedule:
[________________________________]

4.3 Overnight Allocation.
Parent A overnights per fourteen (14) day cycle: [____]
Parent B overnights per fourteen (14) day cycle: [____]

Note: The overnight allocation determines which worksheet — sole parenting or shared parenting — applies for child support calculation under New Jersey Child Support Guidelines (Appendix IX-B or IX-F).

4.4 Summer Schedule.
☐ Regular schedule continues through summer
☐ Modified summer schedule:

• Parent A summer block: [________________________________]
• Parent B summer block: [________________________________]
• Each parent entitled to [____] weeks of uninterrupted vacation time with [____] days' advance written notice
• Vacation requests shall not conflict with the other parent's previously confirmed vacation

4.5 Holiday and School Break Schedule.

Holidays supersede the regular parenting time schedule. The following allocation alternates annually:

4.6 School Closings, Delays, and Early Dismissals. On unscheduled school closings or early dismissals, the child(ren) shall remain with the parent whose parenting time is in effect, unless the parents agree otherwise.

SECTION 5 — EXCHANGES AND TRANSPORTATION

5.1 Exchange Location:
☐ The child(ren)'s school (school drop-off/pick-up)
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral public location: [________________________________]
☐ Other: [________________________________]

5.2 Transportation Responsibility:
☐ Receiving parent picks up the child(ren)
☐ Delivering parent drops off the child(ren)
☐ Shared equally (alternating or split)
☐ Other arrangement: [________________________________]

5.3 Punctuality. Each parent shall be punctual for exchanges. If a parent anticipates being more than fifteen (15) minutes late, that parent shall notify the other parent immediately.

5.4 Conduct During Exchanges. Exchanges shall be conducted civilly. Neither parent shall engage in arguments, confrontations, or disparaging remarks during exchanges. If necessary for safety, exchanges may occur at a police station or supervised location.

5.5 Child(ren)'s Belongings. Each parent shall ensure the child(ren) have necessary clothing, school supplies, medications, and comfort items for the transition. Special items (e.g., uniforms, instruments, sports equipment) shall travel with the child(ren) as needed.

SECTION 6 — COMMUNICATION

6.1 Between Parents. The parents shall communicate regarding the child(ren) through:
☐ Co-parenting application (OurFamilyWizard, TalkingParents, AppClose, or similar)
☐ Email
☐ Text message
☐ Other: [________________________________]

All communications shall be respectful, factual, and child-focused.

6.2 Parent-Child Communication. Each parent shall facilitate reasonable telephone and/or video contact between the child(ren) and the other parent during their parenting time. Unless otherwise agreed, contact shall occur at approximately [____] o'clock daily, for a reasonable duration appropriate to the child(ren)'s age.

6.3 Non-Disparagement. Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family members, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall allow others in their household to make such remarks.

6.4 Social Media. Neither parent shall post photographs, videos, or information about the child(ren) on social media without the other parent's consent, except for routine family sharing with appropriate privacy settings.

SECTION 7 — INFORMATION SHARING AND ACCESS TO RECORDS

7.1 Both parents shall have equal and independent access to the child(ren)'s:

• School records, report cards, teacher communications, and IEP/504 documentation
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules, performances, and communications
• Insurance policy information and claim records

7.2 Each parent shall list the other parent as an emergency contact at all schools, medical providers, and activity programs.

7.3 Each parent shall provide the other with timely notice of:

• School conferences, open houses, performances, and sporting events
• Medical and dental appointments
• Behavioral, academic, or disciplinary issues
• Any event requiring the other parent's involvement or attendance

7.4 Both parents may attend school events, extracurricular activities, and medical appointments regardless of whose parenting time is in effect. Parents shall conduct themselves civilly at all shared events.

SECTION 8 — RELOCATION

8.1 Governing Law. Relocation matters are governed by N.J.S.A. 9:2-2 and Bisbing v. Bisbing, 230 N.J. 309 (2017). The standard for determining whether to permit relocation is the child(ren)'s best interests under the factors enumerated in N.J.S.A. 9:2-4(c).

8.2 Notice Requirement. Either parent intending to relocate to a residence that would substantially affect the joint parenting time schedule shall provide written notice to the other parent at least sixty (60) days before the proposed move. The notice shall include:
(a) The proposed new address and telephone number
(b) The reason for the proposed relocation
(c) A proposed revised parenting time schedule
(d) The impact on the child(ren)'s school, activities, and community ties

8.3 Within New Jersey. A proposed move within the State of New Jersey that does not materially affect the parenting time schedule may proceed with notice only. If the move would materially alter the parenting schedule, the parties shall negotiate in good faith and, if unable to agree, submit the matter to mediation before filing a motion.

8.4 Outside New Jersey. Relocation with the child(ren) outside the State of New Jersey requires either:
(a) Written consent of the other parent; or
(b) Court approval after application and hearing.

8.5 Pendency. Until a written agreement or court order is entered, neither parent shall relocate the child(ren) outside the geographic parameters of the current parenting time schedule.

SECTION 9 — RIGHT OF FIRST REFUSAL

9.1 If either parent is unable to personally care for the child(ren) during their scheduled parenting time for a period of [____] or more consecutive hours, that parent shall first offer the parenting time to the other parent before arranging third-party childcare.

9.2 The offering parent shall provide notice by [phone/text/co-parenting app] at least [____] hours in advance when reasonably possible. The other parent shall respond within [____] hours. If no response is received, the offering parent may arrange alternative care.

9.3 Exceptions. The right of first refusal does not apply to:

• Regular childcare/daycare during work hours
• Time spent with grandparents or family members for [____] hours or less
• Scheduled activities with advance notice (playdates, sleepovers, camps)

SECTION 10 — DISPUTE RESOLUTION

10.1 Good-Faith Communication. The parents shall first attempt to resolve disagreements through direct, respectful discussion.

10.2 Parenting Coordinator. Pursuant to Rule 5:8-1 et seq., if the parents are unable to resolve a dispute, they may refer the matter to a court-appointed or mutually agreed Parenting Coordinator. The Parenting Coordinator may make binding recommendations on day-to-day disputes (but not changes to legal or physical custody).
☐ The parties agree to utilize a Parenting Coordinator: [________________________________]
☐ The parties decline a Parenting Coordinator at this time

10.3 Court-Annexed Mediation (CDR). Pursuant to Rule 1:40-5, contested custody and parenting time disputes shall be referred to the Family Part's Complementary Dispute Resolution (CDR) mediation program before judicial determination, unless a domestic violence restraining order precludes mediation.

10.4 Private Mediation. Before filing any non-emergency motion to modify or enforce this Agreement, the parties shall attempt private mediation with a qualified family mediator. Cost: Parent A [____]% / Parent B [____]%.

10.5 Guardian ad Litem / Best Interest Attorney. Pursuant to Rule 5:8B, either party or the Court may request appointment of a Guardian ad Litem or Best Interest Attorney to represent the child(ren)'s interests if a dispute concerning custody or parenting time cannot be resolved.

10.6 Judicial Intervention. If mediation and other dispute resolution methods are unsuccessful, either parent may file a motion with the Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County.

10.7 Emergency Relief. Nothing in this Section limits either parent's right to seek emergent relief from the Court to protect the child(ren)'s immediate safety or welfare.

SECTION 11 — FINANCIAL PROVISIONS

11.1 Case Information Statement. Each party shall file a Case Information Statement (CIS) as required by Rule 5:5-2 and Appendix V in any proceeding involving support, alimony, or equitable distribution.

11.2 Health Insurance. Parent [____] shall maintain health, dental, and vision insurance for the child(ren) through their employer or private plan. Both parents shall carry the child(ren)'s insurance cards during parenting time.

11.3 Unreimbursed Medical Expenses. After insurance, unreimbursed medical, dental, orthodontic, vision, prescription, and therapeutic expenses shall be allocated: Parent A [____]% / Parent B [____]%.

11.4 Extracurricular Activities. Mutually agreed-upon extracurricular activity costs shall be allocated: Parent A [____]% / Parent B [____]%. Neither parent shall unilaterally enroll the child(ren) in activities that impose financial obligations on the other parent without prior agreement.

11.5 Child Support. Child support shall be calculated pursuant to the New Jersey Child Support Guidelines (Appendix IX to the Rules of Court), using the shared parenting worksheet (Appendix IX-F) where the parent of alternate residence has the child(ren) for 28% or more of overnights per year.

☐ Child support is being established concurrently: $[________________________________] per [week/month] from Parent [____] to Parent [____]
☐ Child support is addressed in a separate order
☐ The parties agree to waive child support guidelines deviation (requires court approval and findings)

11.6 Childcare and Daycare. Work-related childcare expenses shall be allocated: Parent A [____]% / Parent B [____]%.

11.7 Tax Dependency Exemption / Child Tax Credit. The parties agree:
☐ Parent [____] claims the dependency exemption / child tax credit in even years; Parent [____] in odd years
☐ Parent [____] claims child 1; Parent [____] claims child 2
☐ Other arrangement: [________________________________]

SECTION 12 — SAFETY PROVISIONS AND COVENANTS

12.1 Substance Use. Neither parent shall consume alcohol to impairment or use controlled dangerous substances (N.J.S.A. 2C:35-2) during parenting time or within twelve (12) hours prior to parenting time.

12.2 Firearms. In accordance with New Jersey firearms safety laws (N.J.S.A. 2C:39-1 et seq.), all firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

12.3 Domestic Violence. If a temporary or final restraining order is entered under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), the terms of the restraining order shall supersede any conflicting provision of this Agreement.

12.4 Introduction of New Partners. Each parent shall exercise sound judgment in introducing romantic partners to the child(ren). Neither parent shall have overnight guests of a romantic nature when the child(ren) are present until the relationship has been disclosed to the other parent and a reasonable period has passed.

12.5 Automobile Safety. Each parent shall maintain automobile insurance as required by New Jersey law (N.J.S.A. 39:6A-3) and ensure that the child(ren) are properly restrained in age-appropriate car seats or seat belts.

12.6 Supervision of Child(ren). Neither parent shall leave the child(ren) unsupervised in circumstances inappropriate for the child(ren)'s age, maturity, and developmental capacity.

SECTION 13 — PARENTING EDUCATION

13.1 Both parents shall complete a court-approved parenting education program if required by the Court or by local Family Part practice.

☐ Both parents have completed the program. Certificate dates: Parent A [__/__/____]; Parent B [__/__/____]
☐ Both parents agree to complete the program within [____] days
☐ Not required at this time

SECTION 14 — GENERAL PROVISIONS

14.1 Governing Law. This Agreement is governed by the laws of the State of New Jersey, including N.J.S.A. 9:2-1 et seq.

14.2 Court Approval. This Agreement shall be submitted to the Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County for approval and incorporation into a consent order or judgment.

14.3 Modification. This Agreement may be modified only by (a) written agreement of both parties approved by the Court, or (b) court order upon a showing of changed circumstances affecting the child(ren)'s best interests. See Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993).

14.4 Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.

14.5 Integration. This Agreement constitutes the entire understanding between the parties regarding joint custody and supersedes all prior oral or written agreements.

14.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature.

14.7 Annual Review. The parents agree to review this Agreement on or about the anniversary of its execution each year, and to discuss any modifications that may better serve the child(ren)'s evolving needs.

EXECUTION

The undersigned parties execute this Joint Custody Agreement voluntarily, without coercion, and with full understanding of its terms and legal significance.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

CERTIFICATION UNDER PENALTY OF PERJURY

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Parent A Signature: _________________________________ Date: [__/__/____]
Parent B Signature: _________________________________ Date: [__/__/____]

CONSENT ORDER

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION — FAMILY PART
[________________________________] COUNTY
DOCKET NO.: FM-[____]-[________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement, the certifications of the parties, and any recommendations of counsel or the Guardian ad Litem, and having considered the best interest factors under N.J.S.A. 9:2-4(c), and good cause appearing:

IT IS on this [____] day of [________________________________], 20[____], ORDERED that the Joint Custody Agreement is hereby approved and incorporated into the judgment of this Court; and

IT IS FURTHER ORDERED that both parties shall comply with all provisions of this Agreement, which shall be enforceable as a court order.

_________________________________
Hon. [________________________________], J.S.C.
Superior Court of New Jersey
Chancery Division, Family Part
[________________________________] County

Sources and References

• N.J.S.A. 9:2-4 — Custody of child; best interest factors (as amended January 2026 by S4510/A5761)
• N.J.S.A. 9:2-4(c) — Fourteen enumerated best interest factors
• N.J.S.A. 9:2-1 et seq. — General custody provisions
• N.J.S.A. 9:2-2 — Removal of child from state; relocation standards
• N.J.S.A. 2A:34-53 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• N.J.S.A. 2C:25-17 et seq. — Prevention of Domestic Violence Act
• N.J.S.A. 2C:35-2 — Controlled Dangerous Substances definitions
• N.J.S.A. 2C:39-1 et seq. — Firearms regulation
• Bisbing v. Bisbing, 230 N.J. 309 (2017) — Relocation best interests standard
• Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993) — Changed circumstances for modification
• Rule 1:40-5 — Complementary Dispute Resolution; Family Part mediation
• Rule 5:5-2 and Appendix V — Case Information Statement requirements
• Rule 5:8-1 et seq. — Family Part procedures; Parenting Coordinator program
• Rule 5:8B — Guardian ad Litem / Best Interest Attorney
• Appendix IX-B and IX-F — New Jersey Child Support Guidelines worksheets
• New Jersey Courts: www.njcourts.gov