Rule 5:8-5.Custody and Parenting Time/Visitation Plans, Recital in Judgment or Order
Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:8-5
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
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.
Plain-English Summary
When the parties cannot agree, each must file a plan, and the court considers both in awarding custody and setting a schedule. The deadline is 75 days after the last responsive pleading — or, if mediation is conducted, no later than 14 days after an unsuccessful mediation.
The plan must cover eight subjects, and the list rewards a careful answer: the parties' addresses and employment; the type of custody requested and the reasons for choosing it; a specific parenting time schedule reaching weeknights, weekends, vacations, legal and religious holidays, school vacations, birthdays and special occasions; access to medical and school records; the impact of any contemplated change of residence by a parent; participation in decisions about the children; and any other pertinent information. Four custodial arrangements are named for the third item — joint legal custody with one parent having primary residential care, joint physical custody, sole custody with parenting time to the other parent, or another arrangement.
Two consequences follow. The court must set out fully and specifically all terms and conditions of custody and support in its order or judgment. And failing to comply with the plan provisions can bring dismissal of the non-complying party's pleadings, other sanctions, or both — with dismissed pleadings subject to reinstatement on such conditions as the court orders.
Frequently Asked Questions
When is the Custody and Parenting Time Plan due in New Jersey?
No later than 75 days after the last responsive pleading is filed. If mediation is conducted, no later than 14 days following an unsuccessful mediation.
What has to be in a parenting plan?
Eight subjects: the parties' addresses; their employment; the type of custody requested with reasons; a specific parenting time schedule; access to medical and school records; the impact of a contemplated change of residence; participation in decision-making; and any other pertinent information.
What custody arrangements can I ask for?
The rule names four: joint legal custody with one parent having primary residential care; joint physical custody; sole custody to one parent with parenting time or visitation to the other; or another custodial arrangement.
What happens if I do not file a plan?
Failure to comply may result in dismissal of the non-complying party's pleadings, other sanctions, or both. Dismissed pleadings are subject to reinstatement on such conditions as the court may order.