New Jersey § 9:2-4

§ 9:2-4.

The Legislature finds and declares that it is in the public policy of this State to

assure minor children of frequent and continuing contact with both parents after the

parents have separated or dissolved their marriage and that it is in the public interest

to encourage parents to share the rights and responsibilities of child rearing in

order to effect this policy. In any proceeding involving the custody of a minor child, the rights of both parents

shall be equal and the court shall enter an order which may include: a. Joint custody of a minor child to both parents, which is comprised of legal custody

or physical custody which shall include: (1) provisions for residential arrangements

so that a child shall reside either solely with one parent or alternatively with each

parent in accordance with the needs of the parents and the child; and (2) provisions

for consultation between the parents in making major decisions regarding the child's

health, education and general welfare; b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or c. Any other custody arrangement as the court may determine to be in the best interests

of the child. In making an award of custody, the court shall consider but not be limited to the

following factors: the parents' ability to agree, communicate and cooperate in matters

relating to the child; the parents' willingness to accept custody and any history

of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child

with its parents and siblings; the history of domestic violence, if any; the safety

of the child and the safety of either parent from physical abuse by the other parent;

the preference of the child when of sufficient age and capacity to reason so as to

form an intelligent decision; the needs of the child; the stability of the home

environment offered; the quality and continuity of the child's education; the fitness

of the parents; the geographical proximity of the parents' homes; the extent and

quality of the time spent with the child prior to or subsequent to the separation;

the parents' employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial

adverse effect on the child. The court, for good cause and upon its own motion, may appoint a guardian ad litem

or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem

and the attorney and to assess that cost between the parties to the litigation. d. The court shall order any custody arrangement which is agreed to by both parents

unless it is contrary to the best interests of the child. e. In any case in which the parents cannot agree to a custody arrangement, the court

may require each parent to submit a custody plan which the court shall consider in

awarding custody. f. The court shall specifically place on the record the factors which justify any

custody arrangement not agreed to by both parents.