Parenting-Time-Schedules-and-Overnights-with-Infants - Parenting Time Schedules and Overnights with Infants

Sep 25, 2026

Parenting-time schedules for infants in the context of divorce raise complex, development-focused issues for judges, attorneys, and parents. The material explains why the first three years involve rapid cognitive, language, social, and emotional growth, making stable and sensitive caregiving central to short- and long-term well-being. It summarizes the lack of consensus in research about whether infant overnights are beneficial or harmful and emphasizes case-by-case custody determinations based on the child’s best interests, guided by statutory factors.

LanguageEnglish

CategoryGeneral

FormatPDF

Pages25

Reading Time9 min

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Parenting Time Schedules and Overnights with Infants

Challenges in very young children after separation

Statutory factors for custody and parenting time

Opposing opinions on overnights

Parenting Time Schedules and Overnights with Infants By Debra S. Weisberg, Esq., Amanda S. Jemas, Esq., and William J. Rudnik, Esq. Over half the children who experience divorce are under the age of six and of those, three quarters of them are younger than three years of age.1 By virtue of their complex developmental needs, very young children present unique challenges and considerations for judges, practitioners, and parents alike when addressing their post-separation care. Infancy is an important time of rapid cognitive, language, social, and emotional growth and foundational development.2 Stable and sensitive caregiving during the first three years of life is critical to a child’s immediate and long-term well-being. Id. A review of the current research, studies, and expert opinions reveals polarizing standpoints on the optimal post-separation care of very young children. Enduring diametrically opposed opinions have only served to kindle the debate rather than provide much-needed authority and guidance on the subject. The research and expert opinions have revealed the need for more specific, more detailed studies regarding overnight parenting time for young children as there is no consensus as to whether overnights for infantsand young children are beneficial or harmful. Custody experts, attorneys, and judges should continue to analyze the each case on its own facts when determining an appropriate custody and parenting plan. The contemplation of shared parenting arrangements for infants and very young children invariably arises in custody proceedings and, with it, age-related concerns. Where feasible and in the child’s best interest, shared parenting time comports well with the established policy of this State – to “assure minor children of frequent and continuing contact with both parents” and 1 Robb, Aaron,“Zero to Three: Parenting Issues and Parenting Plans for Young Children”. 2 Kline Pruett, M. & DiFonzo, J.H., “Closing the Gap: Research, Policy, Practice and Shared Parenting AFCC Think Tank Final Report”, Family Court Review, Vol. 52, April 2014. “encourage both parents to share the rights and responsibilities of child rearing in order to effect this policy.” N.J.S.A. 9:2-4. Consequently, “the rights of both parents [are] equal” in any custody proceeding. Id. The lodestar in determining custody nevertheless remains the child’s best interests. Kinsella v. Kinsella, 150 N.J. 276 (1997) . “Each matter must be decided on its own merits with the best interests and welfare of the children as the paramount consideration. To this principle, even parental rights must yield.” In re Flasch, 51 N.J. Super. 1 (App. Div.), certif. denied, 28 N.J. 35 (1958) (citations omitted) . Our Legislature has identified the following factors that the court must consider in determining custody and parenting time: (1) the parents’ ability to agree, communicate and cooperate in matters relating to the child; (2) the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; (3) the interaction and relationship of the child with its parents and siblings; (4) the history of domestic violence, if any; (5) the safety of the child and the safety of either parent from physical abuse by the other parent; (6) the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; (7) the needs of the child; (8) the stability of the home environment offered; (9) the quality and continuity of the child’s education; (10) the fitness of the parents; (11) the geographical proximity of the parents’homes; (12) the extent and quality of the time spent with the child prior to or subsequent to the separation; (13) the parents’employment responsibilities; and (14) the age and number of the children. N.J.S.A. 9:2-4(c) . These factors facilitate the court’s ability in determining appropriate custody arrangements based on each family’s spe

FAQs

Why are parenting-time decisions for infants and very young children considered uniquely challenging?

The document highlights that children under six—and particularly under three—have complex developmental needs and rapid cognitive, language, social, and emotional growth. Stable and sensitive caregiving during the first three years is presented as critical to well-being.

What approach is recommended when deciding custody and overnight parenting time for infants?

It states there is no presumption requiring or barring overnights for infants. The analysis calls for a complete review of the facts in each case and continued case-by-case evaluation of the best interests of the child.

What are the two main viewpoints regarding infant overnights?

One group, referred to as the “Attachment Theory” group, argues studies suggest overnight parenting time may be harmful for children under three. The other group, the “Joint Parental Involvement” group, argues the relied-upon studies are flawed and that there is no proof of harm from overnight parenting time for young children.

Sep 25, 2026

Uploaded by Genevieve