When parents separate, they must decide how to care for their child. This can be more complicated when a child has medical, educational or developmental needs. New Jersey courts consider those needs when deciding custody and parenting time.
How courts evaluate custody
New Jersey courts focus on the child’s best interests. State law directs courts to consider factors such as the child’s needs, safety, education, stability and relationship with each parent. The law also considers the parents’ ability to communicate and cooperate about the child.
A child’s special needs may be relevant when the court reviews each parent’s ability to provide appropriate care. The court may consider the child’s daily routine, treatment needs and educational services.
The court does not automatically give custody to the parent who provides most of the care. Instead, it considers the child’s needs and the circumstances of both parents.
Factors the court may consider
In a custody case involving a child with special needs, the court may consider:
- Each parent’s understanding of the child’s medical, educational and developmental needs.
- The child’s school, treatment and therapy schedule.
- Each parent’s ability to manage medications, appointments and daily care.
- The child’s relationship with each parent.
- The stability of each parent’s home.
- The parents’ ability to communicate and cooperate about the child’s care.
- The child’s need for continued education and treatment services.
- Each parent’s ability to meet the child’s daily needs and protect the child’s safety.
Creating a parenting plan
Parents can address special needs in a detailed parenting plan. The plan can explain how they will share medical and school information. It can also cover appointments, therapy, emergencies and transportation.
Clear rules can help parents follow the child’s routine. They can also reduce confusion about important decisions.
New Jersey courts consider the child’s needs, safety and welfare when deciding custody and parenting time. Parents should provide clear information about the child’s needs and explain how each proposed plan would support the child’s care.
Preparing for a custody case
Parents can prepare by gathering medical, school and treatment records. They should also review the child’s daily routine and care needs.
A clear parenting plan can create structure for medical care, education, transportation and communication. It can also help both parents remain involved in the child’s life.
