When two parents go through a separation, divorce, or custody dispute, one of the most important decisions that must be made is how custody and visitation arrangements should be handled. This decision is made by prioritizing the “best interests of the child.” But what does this standard mean exactly, and how do courts determine what is best for the child? Continue reading to find out and work with a knowledgeable Bergen County child custody lawyer for skilled representation.
What is the “Best Interests of the Child?”
The “best interests of the child” is a legal standard that family courts use across the United States to make decisions regarding custody, parenting time, and other issues that affect a child’s well-being. This standard ensures that the court prioritizes the child’s health, safety, emotional development, and overall happiness.
Children can be significantly impacted by the separation of their parents. Prioritizing what is best for the child over the parents’ needs or wishes helps limit the long-term emotional, physical, and psychological repercussions of a divorce or separation.
How Do Courts Determine the “Best Interests of the Child” in NJ?
To determine what is in the best interests of the child, New Jersey courts operate on a case-by-case basis. Every family and situation is unique, so it is important to consider every detail before making a decision.
New Jersey Revised Statutes 9:2-4 outlines the various factors that NJ courts are required to evaluate before making custody decisions. These factors help determine the arrangement that will be in the best interest of the child.
- The ability and willingness of the parents to communicate and cooperate with one another in issues regarding the child
- The willingness of the parents to accept the custody arrangements and any history of unwillingness to abide by the order, unless their actions were based on abuse
- The relationship the child has with each parent and their siblings, if they have any
- Whether either parent has a history of domestic violence
- The child and parents’ safety from physical abuse by the other parent
- The child’s preference, if they are old enough to form an opinion rooted in reason
- The child’s needs
- The stability each parent can offer in their home environment
- The quality and continuity of the child’s education that each parent can offer
- The fitness of each parent to meet the child’s needs
- Where each parent lives in relation to the other
- The amount and quality of time each parent spent with the child before and after the separation
- Each parent’s job responsibilities
- The age and number of the children involved
It is important to note that the best interests standard has the capacity to evolve. The child’s needs and circumstances will change over time, and courts have the power to adjust the terms of custody and visitation as needed.
To learn more about your legal rights and options as a parent, reach out to an experienced family lawyer today
