In Nufrio v. Nufrio, 341 NJ Super 548 (App Div 2001), the Appellate Division upheld the trial court’s decision that a joint legal custodial relationship would not be in the best interests of the child. The Court found that the prime criteria for establishing joint legal custody centers on the ability of both parents to agree, communicate and cooperate in matters relating to the health, safety and welfare of the child notwithstanding animosity or acrimony that they may have towards each other. Of course, many cases involve hostility so simply stating that there is some animosity between both parents will not give one parent a leg up over another. Instead, the parent filing a motion for sole custody should be prepared with evidence to distinguish this case from the average case.

Gloucester County Child Custody Attorney