During a separation or divorce, one of the most complex and often contentious decisions that must be made is child custody. Determining which parent will have the legal right and responsibility to live with and care for the child can be difficult. As a parent, you may wonder whether your child is able to decide who they want to live with. There is a multitude of factors that are considered when determining child custody. To learn more about your legal rights and options, consult with an experienced Bergen County child custody lawyer today.
What Are New Jersey’s Custody Laws?
New Jersey courts establish physical and legal custody when two parents decide to separate or divorce. Physical custody refers to where the child lives and who cares for them, while legal custody gives parents the right to make important decisions about the child’s upbringing.
Parents can share joint legal custody, where they both have a say in major decisions, or one parent may be awarded sole custody. Physical custody arrangements can also be joint, meaning the child will spend a substantial amount of time with both parents. If a parent is awarded sole physical custody, however, the child will reside primarily with one parent but could still have access to the other.
All custody decisions must be approved by the court. If the parents can agree on an arrangement through negotiations or mediation, they can submit their plan to the court for approval. However, if the court decides the arrangement is not in the child’s best interest or if the parents cannot come to an agreement, the court will step in to make the final decision.
Can My Child Decide Which Parent to Live With?
No, your child will not be given the power to decide which parent they want to live with. However, a child’s preference is taken seriously, especially as they age and mature.
The court’s primary goal when determining custody arrangements is to ensure that the child’s physical and emotional needs are met. NJ judges strive to make the decision that is in the best interest of the child. Many factors are taken into consideration including the relationship between the child and each parent, each parent’s ability to provide for the child, the stability of each parent’s home, either parent’s history of domestic violence, substance abuse, neglect, etc.
Another important factor that a judge will take into account is the child’s wishes. While there is no specific age at which a child is permitted to express their preference of who to live with, courts will generally give greater consideration to children aged 12 or older. In general, the older and more mature the child is, the more likely their wishes will be considered.
While the child’s preference can be an important factor in custody decisions, it is important to keep in mind that it is not the only determining factor. Judges will always prioritize the child’s best interests, whether they align with their preferences or not.
