Einhorn Attorneys Co-Author Article on New Jersey Physical Custody Presumptions in the New Jersey Law Journal

The New Jersey Law Journal published “Splitting the Baby Never Works: When Did New Jersey Adopt a 50/50 Physical Custody Presumption?” co-authored by Einhorn Barbarito partner Matheu D. Nunn, Einhorn Barbarito associates Alyssa DeFuria, Linda Torosian, as well as attorney Alyssa Engleberg Nunn, of Hagan, Weisberg & Nunn.

The article notes that, despite the mistaken impression that N.J.S.A. 9:2-4 provides equal physical custody as a starting point in any parenting time dispute, New Jersey law does not have a presumption of 50/50 physical custody.

The authors discuss several historical decisions that have shaped New Jersey’s current laws regarding custody, citing amendments regarding interference on behalf of infants and the best interests of the child(ren), as well as the consistent use of “equal” and “equal rights.” They note that “the Legislature’s use of the word ‘equal’ in N.J.S.A. 9:2-4 is not – and has never been – tied to a particular physical custody schedule,” and that Beck v. Beck, 86 N.J. 480 provides that while joint custody may be a preferred disposition, the law will determine custody based on best interests factors without any presumption.

Nunn co-chairs Einhorn Barbarito’s Family/Matrimonial Practice and Appellate Practice and represents individuals from all fields – including athletes, business owners, entertainers, executives, lawyers, physicians, police officers and teachers – in family law matters.

DeFuria and Torosian are members of the Family/Matrimonial Practice and work with clients on a variety of high-stakes family law issues and matrimonial law matters, as well as litigation involving significant assets.

You can read the full article here. (Subscription may be required.)