In New Jersey there is a presumption that both parents have a right to raise their children. But, the care and custody of children is always based upon what is in their best interests, not the parent’s rights. In New Jersey, legal custody and physical custody are two separate issues. In joint legal custody the parents work together to make the major decisions in a child’s life, i.e. health, education and religion. In rare cases the court may issue sole custody. This can be very difficult and involve multiple custody evaluators, reports and ultimately trial. Unless a parent is found incapable of raising their children, the court prefers that both parents are involved in their legal custody. Parenting time and visitation are also focused on the needs and best interests of the children. The most difficult aspect of a divorce when children are involved, is that each parent will no longer be able to tuck their children in bed each night. Unfortunately, this is a heart-breaking aspect of moving forward with a divorce, but most of the time the children thrive when their parents are happy. It is always best for parents to work together to ensure a secure and positive lifestyle for their children.