Sharing Bedrooms: Parent-Child Privacy In New Jersey

In New Jersey, the law states that children cannot decide which parent to live with until they turn 18, which is the age of majority. However, the older the child, the more likely a judge will consider their preference when it comes to parental living arrangements. In terms of sharing a bedroom, in many cases, children are legally allowed to share a room with their parents, particularly when the child is under the age of 18 and still living at home. There are no laws in the United States that prohibit children from sharing a room with their parents, although it is generally recommended that children over the age of two or three should have their own space.

Co-sleeping dangers

Co-sleeping with your child can be dangerous and is associated with an increased risk of accidental death. The American Academy of Pediatrics (AAP) has clear public stances against the practice when it comes to infants. The AAP's safe sleeping guidelines state that parents should never let their baby sleep in the bed with them, citing the risk of suffocation, sudden infant death syndrome (SIDS), and other sleep-related deaths.

The risk of SIDS is especially high when co-sleeping is done on a sofa versus a bed, if the baby is under 98 days old, if co-sleeping is done all night versus some of the night, and if the adult co-sleeping has consumed alcohol or smoked. The risk of SIDS is also higher if the baby was born prematurely or had a low birth weight.

Co-sleeping can also lead to the development of sleep crutches, where the child becomes reliant on a parent being present to fall asleep. This can cause issues such as anxious behaviours and difficulty falling asleep independently.

Additionally, co-sleeping can impact the quality of sleep for both the child and the parent. Children are notoriously restless and active sleepers, and their movements can disrupt the sleep of the parent sharing the bed. This can result in exhaustion and frustration for the parent.

Furthermore, co-sleeping can impact the relationship between the parents. Evenings may be the only time couples with children have to spend alone together, and co-sleeping can limit their time and space for intimacy.

While co-sleeping may offer convenience and promote bonding, it is important to carefully consider the potential dangers and take steps to mitigate these risks.

Child custody laws in New Jersey

In New Jersey, child custody laws are similar to those in other states, but there are some differences to be aware of. Firstly, it's important to distinguish between legal and physical custody. Legal custody refers to the parent with the right to make decisions regarding the child's medical care, education, and religion, while physical custody pertains to where the child resides.

Legal Custody

In terms of legal custody, New Jersey courts can grant either joint or sole custody. Joint legal custody means that both parents will share the decision-making process equally. On the other hand, sole legal custody gives one parent the authority to make final decisions concerning the child.

Physical Custody

Regarding physical custody, New Jersey recognizes both joint and sole physical custody arrangements. With joint physical custody, the child typically spends equal time with each parent, which can be achieved through an alternating weekly schedule, for example. In contrast, sole physical custody means the child primarily resides with one parent and may have visitation with the other.

Factors Influencing Custody Decisions

The New Jersey courts tend to favor joint legal and physical custody arrangements, aiming for a 50/50 split, as they believe it is in the child's best interest to have a relationship with both parents. However, this preference may be overridden if certain circumstances are deemed harmful to the child's well-being. For instance, a parent may be considered "unfit" if they have a history of substance abuse, domestic violence, or a lack of interest in the child's care. Additionally, if one parent has been the primary caretaker for most of the child's life, or if the child has siblings, these factors may also influence the custody arrangement.

Child's Preference

While a child's preference regarding custody arrangements may be considered by a judge if they are over the age of 12, the ultimate decision rests with the court, based on the child's best interests. Before the age of 18, which is the age of majority in New Jersey, the older the child is, the more likely a judge will take their stated preferences into account.

Parent-Child Shared Bedrooms

While the discussion above focuses on child custody laws in New Jersey, it's worth noting that the original query also touched on the related issue of whether a parent and child can share a bedroom. This may be relevant to custody arrangements, particularly in situations where a parent is considering renting a one-bedroom apartment. While there doesn't appear to be a clear legal prohibition on this arrangement, it may be something to discuss with a lawyer, especially if there are specific custody arrangements in place.

In conclusion, while child custody laws in New Jersey share similarities with other states, there are distinct differences, and it is always advisable to seek legal counsel when navigating these complex matters.

Child's preference

In New Jersey, a child's preference regarding their living arrangements is taken into account by a judge when determining custody, but it is not the sole deciding factor. The older the child, the more likely a judge will consider their stated preference. While a child under the age of 8 is presumed to be incapable of expressing a preference, a judge will still conduct a private interview with the child. From ages 8 to 17, a child is likely to be interviewed by the judge, and their wishes will be accommodated if possible. However, the judge is not bound to accept the child's preference if it is believed to be against their best interests. For example, an actively addicted parent will not be granted primary physical custody, regardless of the child's wishes.

In cases where there is shared custody, children may express a preference for one parent over the other, and this will be considered by the judge. However, the child's preference is not the sole determining factor, and the judge will also look at other factors, such as the parents' ability to cooperate, the child's relationship with both parents, the stability of the home environment, and the parents' fitness.

It is important to note that the child's preference is just one factor among many that influences the judge's decision-making process. The child's best interests are always the primary consideration, and the judge has the final say in custody arrangements.

In terms of sharing a bedroom with a parent, there are no specific laws in New Jersey prohibiting this practice. However, it is generally recommended that children have their own space as they get older, and sharing a room with parents can impact their sleep patterns and privacy.

Custody and parenting time agreements

In New Jersey, custody and parenting time agreements are detailed in what is known as a parenting plan. This plan outlines how parents will cooperate in raising their children and addresses matters pertaining to the child's best interests. While New Jersey does not have a standard template, there are essential details that must be included in the plan.

Firstly, the plan must address physical custody, which determines where the child lives. In shared physical custody, the child spends at least 104 overnights a year with each parent. The parent of primary residence, with whom the child spends the most time, has their address determine the child's school district. The parent of alternate residence typically pays child support. On the other hand, sole physical custody means the child lives with one parent most of the time, visiting the other for 103 or fewer overnights per year. The non-custodial parent usually pays child support, and the court may order supervised visitation if it deems it unsafe for the child to be alone with them.

Secondly, the plan must specify legal custody, which determines who can make decisions for the child. Parents can share joint legal custody, or one parent can have sole legal custody. If joint legal custody is chosen, the details must be explained clearly, including whether parents need to agree on major decisions, can make decisions independently, or if a third party will be named to make decisions when parents disagree.

Additionally, the parenting plan should cover communication with the child during the other parent's custody time, communication between parents, the right of first refusal for childcare, third-party caregivers, vacation time, and the introduction of new partners. It should also outline how to handle situations when one parent is unavailable for a scheduled visit.

In terms of whether a parent can share a bedroom with their child in New Jersey, there do not appear to be any specific laws or regulations prohibiting this practice. However, it is recommended that infants sleep in the same room as their parents, close to their bed, for the first year of life, ideally for the first six months. This arrangement decreases the risk of Sudden Infant Death Syndrome (SIDS). After the first year, it is recommended that the child transitions to their own sleeping space. While co-sleeping is a personal choice for parents, safety precautions should be followed to minimise risks.

Custody disputes

In the state, there are two basic types of child custody: legal custody and physical custody. Legal custody refers to a parent's authority to make major decisions about their children's health, education, safety, and welfare. Physical custody refers to where the children will live after their parents separate or divorce.

Within each of these types of custody, a parent may have sole custody, or both parents may have joint custody. Joint legal custody is very common in New Jersey, even when the child primarily lives with one parent. In such cases, both parents have the right to participate in making major decisions for the child.

If parents are unable to agree on custody, there are several steps before the dispute comes before a judge for a trial. Court-ordered mediation is mandatory in New Jersey for unresolved custody disputes. If mediation is unsuccessful, the judge may order an investigation by the Family Division, which will look into the parents' character and fitness, the family's economic condition, the homes where the children will live or visit, and both parents' criminal records.

A judge may also order a custody evaluation by a qualified mental health professional, who will conduct psychological testing, examine records, and interview the parents and possibly the child. The evaluator will then submit a report to the court and the parents, with recommendations. While the judge does not have to follow these recommendations, they are typically given significant weight.

In making a child custody determination, a judge will consider many factors, including the child's age and health, the emotional bond between the child and parent, the ability of each parent to care for the child, the parents' living accommodations and their ability to provide a safe environment, and whether there is a history of family violence or substance abuse.

In the context of living accommodations, a court will consider how many children live in or will be visiting the home, and whether each child has an appropriate amount of space and privacy. Additionally, a judge may assess how a child will adjust to their new surroundings and whether the environment is significantly different from their primary home.

It is important to note that, while a parent's living conditions could impact the duration of visitation time, both parents generally have a right to meaningful parenting time with their children. Unless there are instances of abuse or neglect, a court will typically not deny access.

In the specific case of a parent and child sharing a bedroom in New Jersey, there is no clear legal restriction. However, it may depend on the specifics of the custody arrangement and whether it violates any agreements or court orders. It is advisable to consult with a family law attorney to ensure compliance with any relevant legal requirements and to protect one's rights and the best interests of the child.

Frequently asked questions