Rule 5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or Order

Rule 5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or
Order

(a) In any family action in which the parties cannot agree to a custody or parenting
time/visitation arrangement, the parties must each file a Custody and Parenting
Time/Visitation Plan, which the court shall consider in awarding custody and fixing a
parenting time or visitation schedule. The Custody and Parenting Time/Visitation Plan
shall be filed no later than seventy-five (75) days after the last responsive pleading is filed.
If, however, mediation as permitted by R. 1:40-5(a) is conducted, the Custody and
Parenting Time/Visitation Plan shall be filed no later than 14 days following an
unsuccessful mediation.

Contents of Plan. The Custody and Parenting Time/Visitation Plan shall include but
shall not be limited to the following factors:

(1) Address of the parties.

(2) Employment of the parties.

(3) Type of custody requested with the reasons for selecting the type of
custody.

(a) Joint legal custody with one parent having primary residential care.

(b) Joint physical custody.

(c) Sole custody to one parent, parenting time/visitation to the other.

(d) Other custodial arrangement.

(4) Specific schedule as to parenting time/visitation including, but not limited
to, weeknights, weekends, vacations, legal holidays, religious holidays, school vacations,
birthdays and special occasions (family outings, extracurricular activities and religious
services).

(5) Access to medical school records.

(6) Impact if there is to be a contemplated change of residence by a parent.

(7) Participation in making decisions regarding the child(ren).

(8) Any other pertinent information.

(b) The court shall set out in its order or judgment fully and specifically all terms and
conditions relating to the award of custody and proper support for the children.

(c) Failure to comply with the provisions of the Custody and Parenting
Time/Visitation Plan may result in the dismissal of the non-complying party's pleadings or
the imposition of other sanctions, or both. Dismissed pleadings shall be subject to
reinstatement upon such conditions as the court may order.

Note: Source-R. (1969) 4:79-8(e). Adopted December 20, 1983, to be effective December 31, 1983;
amended July 14, 1992 to be effective September 1, 1992; new paragraph (c) adopted January 21, 1999 to be effective April 5, 1999; caption and paragraphs (a) and (c) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 28, 2017 to be effective September 1, 2017.