Sole Custody Agreement

SOLE 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 Custodial Parent (Parent of Primary Residence)

1.2 Non-Custodial Parent (Parent of Alternate Residence)

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 BASIS

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

2.2 The parties agree, or the Court has determined, that sole custody to the Custodial Parent serves the best interests of the child(ren) under N.J.S.A. 9:2-4(c).

2.3 Basis for Sole Custody. Sole custody is appropriate in this matter because (select all that apply):

☐ The parties are unable to agree, communicate, and cooperate regarding the child(ren) — N.J.S.A. 9:2-4(c)(1)
☐ History of domestic violence — N.J.S.A. 9:2-4(c)(4); N.J.S.A. 2C:25-17 et seq.
☐ Safety concerns involving the child(ren) or the Custodial Parent — N.J.S.A. 9:2-4(c)(5)
☐ Non-Custodial Parent's history of unwillingness to allow parenting time not based on substantiated abuse — N.J.S.A. 9:2-4(c)(2)
☐ Fitness concerns regarding the Non-Custodial Parent — N.J.S.A. 9:2-4(c)(10)
☐ Geographic distance between the parents' residences — N.J.S.A. 9:2-4(c)(11)
☐ Substance abuse affecting the Non-Custodial Parent's ability to parent safely
☐ Incarceration of the Non-Custodial Parent
☐ Mental health issues affecting parental capacity
☐ Voluntary agreement of the parties based on the totality of circumstances
☐ Other: [________________________________]

2.4 2026 Amendment Compliance. Pursuant to the January 2026 amendments to N.J.S.A. 9:2-4, child safety is the threshold consideration. The Court must address safety concerns before establishing any parenting time schedule.

☐ Safety concerns have been identified and are addressed in Section 9 of this Agreement.
☐ No active safety concerns exist; sole custody is based on other best interest factors.

2.5 Best Interest Analysis. The parties acknowledge that the fourteen factors under N.J.S.A. 9:2-4(c) have been considered and support the sole custody arrangement described herein.

SECTION 3 — SOLE LEGAL CUSTODY

3.1 Grant of Sole Legal Custody. The Custodial Parent shall have sole legal custody of the child(ren), including the exclusive right and responsibility to make all major decisions concerning:

• Education: School enrollment, transfers, private vs. public school, special education services (IEP/504 plans), tutoring, and homeschooling
• Healthcare: Selection of physicians, dentists, and specialists; authorization of non-emergency medical procedures, surgeries, vaccinations, and medications
• Mental Health: Counseling, psychiatric evaluation, psychological testing, and therapeutic treatment
• Religious Upbringing: Religious education, ceremonies, and observance
• Extracurricular Activities: Sports, lessons, camps, and organized programs
• Travel: Domestic and international travel
• Legal Matters: Filing actions on behalf of the child(ren), passport applications, and name changes

3.2 Consultation with Non-Custodial Parent. The Custodial Parent:
☐ Shall inform the Non-Custodial Parent in advance of major decisions and consider, but is not bound by, the Non-Custodial Parent's input
☐ May, but is not required to, consult with the Non-Custodial Parent on major decisions
☐ Shall consult with the Non-Custodial Parent on [________________________________] decisions only

3.3 Emergency Decisions. Either parent, when the child(ren) is/are in their care, may make emergency medical decisions. The parent making the decision shall notify the other parent within twenty-four (24) hours.

SECTION 4 — SOLE PHYSICAL CUSTODY AND PRIMARY RESIDENCE

4.1 Primary Residence. The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]

4.2 School Enrollment. The child(ren) shall attend school in the [________________________________] School District unless otherwise agreed or ordered.

4.3 Mailing Address and Legal Domicile. For all legal, school, medical, and governmental purposes, the child(ren)'s address of record shall be the Custodial Parent's address.

SECTION 5 — NON-CUSTODIAL PARENT'S PARENTING TIME

Note: New Jersey law uses "parenting time" rather than "visitation" to reflect the Non-Custodial Parent's right and responsibility to maintain a meaningful relationship with the child(ren).

5.1 Parenting Time Schedule — Select One:

☐ Option A — Standard Parenting Time:

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek evening: [day] from [____] to [____]
• Overnights per two-week cycle: [____]

☐ Option B — Expanded Parenting Time:

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two midweek evenings: [days] from after school to [____]
• Overnights per two-week cycle: [____]

☐ Option C — Supervised Parenting Time (see Section 9 for conditions):

• Frequency: [________________________________]
• Duration: [________________________________]

• Location: ☐ Approved supervised visitation center: [________________________________]
  ☐ In the presence of an approved supervisor: [________________________________]

• Supervisor qualifications and identity: [________________________________]

☐ Option D — Therapeutic Parenting Time:

• Parenting time shall occur in a therapeutic setting under the guidance of [________________________________], a licensed mental health professional
• Frequency: [________________________________]
• Duration: [________________________________]
• Transition to unsupervised parenting time: Upon recommendation of the therapist and approval by the Court or mutual agreement

☐ Option E — Graduated / Step-Up Schedule:

• Phase 1 (months 1–[____]): [________________________________]
• Phase 2 (months [____]–[____]): [________________________________]
• Phase 3 (months [____]+): [________________________________]
• Progression to the next phase requires: [________________________________]

☐ Option F — Custom Schedule:
[________________________________]

5.2 Holiday and School Break Parenting Time.

Holiday parenting time supersedes the regular schedule.

5.3 Summer Parenting Time.
The Non-Custodial Parent shall have [____] weeks of summer parenting time:
☐ Consecutive
☐ Non-consecutive (maximum [____] consecutive weeks)

Written notice of requested summer dates shall be provided by [date] each year. The Custodial Parent shall respond within [____] days. If the parties cannot agree, the Non-Custodial Parent's first choice shall govern in even years, and the Custodial Parent's first choice in odd years.

5.4 Vacation Travel.

• The Non-Custodial Parent may travel with the child(ren) within the continental United States during parenting time with [____] days' advance written notice, including itinerary and contact information.
• International travel by the Non-Custodial Parent requires:
  ☐ Written consent of the Custodial Parent
  ☐ Court approval
  ☐ Not permitted at this time

5.5 Makeup Parenting Time. If parenting time is missed due to the Non-Custodial Parent's unavailability, makeup time is not automatic but may be arranged by mutual agreement. If missed due to the Custodial Parent's interference, the Non-Custodial Parent shall receive equivalent makeup time.

SECTION 6 — COMMUNICATION

6.1 Parent-Child Communication. The Custodial Parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the Non-Custodial Parent:
☐ Daily at approximately [____] for up to [____] minutes
☐ [____] times per week at mutually agreed times
☐ As reasonably requested

6.2 Between Parents. Communications regarding the child(ren) shall be conducted through:
☐ Co-parenting application (OurFamilyWizard, TalkingParents, or similar)
☐ Email
☐ Text message (for scheduling changes only)
☐ Other: [________________________________]

All communications shall be civil, focused on the child(ren)'s needs, and free of personal conflict.

6.3 Emergency Notification. The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any emergency, serious illness, or hospitalization of the child(ren)
• Any involvement with law enforcement or the Division of Child Protection and Permanency (DCP&P)
• Any significant injury requiring medical treatment

6.4 Non-Disparagement. Neither parent shall make disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall allow others in their household to do so.

SECTION 7 — ACCESS TO RECORDS AND INFORMATION

7.1 Non-Custodial Parent's Rights. Notwithstanding the sole custody arrangement, the Non-Custodial Parent retains the right to access:

• School records, report cards, progress reports, and teacher communications (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Notification of school events, conferences, and performances
• Insurance information and claim records

7.2 Custodial Parent's Obligations. The Custodial Parent shall:

• List the Non-Custodial Parent as an emergency contact at schools and medical providers (unless restricted by court order)
• Provide copies of report cards and significant medical information within [____] days of receipt
• Notify the Non-Custodial Parent of school conferences, performances, and significant activities with reasonable advance notice

7.3 Attendance at Events. The Non-Custodial Parent may attend school events, performances, and extracurricular activities regardless of whose parenting time is in effect, unless restricted by court order. Both parents shall conduct themselves civilly at shared events.

SECTION 8 — RELOCATION

8.1 Custodial Parent Relocation Within New Jersey. The Custodial Parent shall provide [____] days' advance written notice of any change of residence within the State of New Jersey, including the new address and any impact on the parenting time schedule.

8.2 Relocation Outside New Jersey. Pursuant to N.J.S.A. 9:2-2 and Bisbing v. Bisbing, 230 N.J. 309 (2017), relocation of the child(ren) outside the State of New Jersey requires either:
(a) Written consent of the Non-Custodial Parent; or
(b) Prior Court approval after a best interests analysis under N.J.S.A. 9:2-4(c).

8.3 Notice Content. Notice of proposed out-of-state relocation shall include:

• Proposed new address and telephone number
• Reason for the relocation
• Proposed revised parenting time schedule
• Impact on the child(ren)'s education, healthcare providers, and community ties
• Willingness to bear additional transportation costs

8.4 Non-Custodial Parent Relocation. If the Non-Custodial Parent relocates, the parenting time schedule shall be adjusted to reflect the new geographic circumstances. The Non-Custodial Parent shall provide [____] days' advance notice of any move.

SECTION 9 — SAFETY PROVISIONS AND SUPERVISED PARENTING TIME CONDITIONS

9.1 Domestic Violence. If a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) is in effect, its terms supersede any conflicting provision of this Agreement. Pursuant to N.J.S.A. 2C:25-29(b)(6), the Court may establish custody and parenting time conditions as part of a restraining order.

9.2 Conditions on Parenting Time (if applicable). The Non-Custodial Parent's parenting time is subject to the following conditions:

☐ Supervised parenting time only — supervisor: [________________________________]
☐ Supervised exchange — exchange monitor: [________________________________]
☐ No overnight parenting time
☐ No consumption of alcohol within [____] hours before or during parenting time
☐ Random drug/alcohol testing: ☐ Urine ☐ Hair follicle ☐ Breathalyzer — at the Non-Custodial Parent's expense
☐ Completion of parenting education program by [__/__/____]
☐ Completion of anger management program by [__/__/____]
☐ Completion of substance abuse evaluation and recommended treatment
☐ Completion of batterers' intervention program
☐ Ongoing participation in individual counseling/therapy
☐ No contact between the child(ren) and: [________________________________]
☐ DCP&P (Division of Child Protection and Permanency) investigation must be resolved
☐ Psychiatric or psychological evaluation
☐ Other: [________________________________]

9.3 Step-Up Provisions. Conditions may be modified upon:
☐ Completion of required programs with certification
☐ [____] consecutive months of clean drug/alcohol tests
☐ Positive recommendation by therapist, evaluator, or supervised visitation center
☐ Motion to the Court and approval after hearing
☐ Mutual written agreement of both parents, filed with the Court

9.4 Firearms. All firearms in the Non-Custodial Parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in compliance with N.J.S.A. 2C:39-1 et seq.

9.5 Substance Use. Neither parent shall consume alcohol to impairment or use controlled dangerous substances during parenting time or within twelve (12) hours before parenting time commences.

SECTION 10 — DISPUTE RESOLUTION

10.1 CDR Mediation. Pursuant to Rule 1:40-5, contested custody and parenting time issues shall be referred to the Family Part's Complementary Dispute Resolution mediation program, unless a restraining order is in effect. No mediation shall be ordered in cases involving domestic violence pursuant to Rule 1:40-5(a).

10.2 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.

10.3 Judicial Intervention. Either parent may file a motion with the Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County.

10.4 Emergency Relief. Either parent may seek emergent relief to protect the child(ren)'s immediate safety or welfare without first pursuing mediation.

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.

11.2 Health Insurance. Parent [____] shall maintain health, dental, and vision insurance for the child(ren).

11.3 Unreimbursed Medical Expenses. Allocation after insurance: Custodial Parent [____]% / Non-Custodial Parent [____]%.

11.4 Child Support. Child support shall be calculated under the New Jersey Child Support Guidelines (Appendix IX), using the sole parenting worksheet (Appendix IX-B) unless the Non-Custodial Parent has 28% or more of overnights.

☐ Child support established at: $[________________________________] per [week/month] from the Non-Custodial Parent
☐ Child support addressed in a separate order

11.5 Extracurricular Expenses. Allocation for mutually agreed activities: Custodial Parent [____]% / Non-Custodial Parent [____]%.

11.6 Childcare Costs. Work-related childcare: Custodial Parent [____]% / Non-Custodial Parent [____]%.

SECTION 12 — CHILD'S PREFERENCE

12.1 Pursuant to N.J.S.A. 9:2-4(c)(6) and the 2026 amendments, if the child(ren) is/are of sufficient age and capacity, the child(ren)'s expressed preference has been considered.

☐ Child(ren) not of sufficient age/capacity
☐ Child(ren)'s preference is consistent with this arrangement
☐ Child(ren)'s preference differs; reasons for departure: [________________________________]

SECTION 13 — GENERAL PROVISIONS

13.1 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.

13.2 Court Approval. This Agreement shall be submitted to the Superior Court of New Jersey, Chancery Division, Family Part, [________________________________] County for approval.

13.3 Modification. Modification requires a showing of changed circumstances under Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993), and may be accomplished by (a) written agreement approved by the Court or (b) court order after motion and hearing.

13.4 Severability. Invalid provisions shall not affect the enforceability of remaining provisions.

13.5 Integration. This Agreement constitutes the entire understanding regarding custody.

13.6 Counterparts. This Agreement may be executed in counterparts and by electronic signature.

13.7 No Waiver. Failure to enforce any provision shall not constitute a waiver of the right to enforce that or any other provision.

EXECUTION

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

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

CERTIFICATION

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.

Custodial Parent Signature: _________________________________ Date: [__/__/____]
Non-Custodial Parent Signature: _________________________________ Date: [__/__/____]

CONSENT ORDER

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

The Court, having reviewed the foregoing Sole Custody Agreement, the certifications of the parties, and any report from the Guardian ad Litem, custody evaluator, or Best Interest Attorney, and having considered the best interest factors under N.J.S.A. 9:2-4(c), including the threshold safety analysis required by the 2026 amendments, and good cause appearing:

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

IT IS FURTHER ORDERED that the Custodial Parent shall have sole legal and sole physical custody of the child(ren), with parenting time to the Non-Custodial Parent as set forth herein.

_________________________________
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
• N.J.S.A. 2C:25-17 et seq. — Prevention of Domestic Violence Act
• N.J.S.A. 2C:25-29 — Restraining order provisions, including custody
• 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; no mediation in DV cases
• Rule 5:5-2 and Appendix V — Case Information Statement
• Rule 5:8-1 et seq. — Family Part procedures
• Rule 5:8B — Guardian ad Litem / Best Interest Attorney
• Appendix IX-B — Sole Parenting Worksheet (Child Support Guidelines)
• Division of Child Protection and Permanency (DCP&P): www.nj.gov/dcf
• New Jersey Courts: www.njcourts.gov