One of the most important decisions that must be made when two parents separate or divorce is the child custody determination. Through personal negotiations, mediation, or a decision from a judge, it must be decided who the custodial parent is, how much time each parent will spend with the child, the custody schedule, and more. A New Jersey court will take many factors into account when creating a custody agreement. As a parent, it is important to understand whether your child’s preference will be considered during your custody deliberations. To learn more about the legal process and your rights, contact a Bergen County child custody lawyer today.
Is a Child’s Preference Considered During Custody Disputes?
Yes, in New Jersey, a child’s preference can be considered when determining custody under certain circumstances. A judge will have to consider whether the child is mature enough to understand the gravity of the situation and give their honest opinion on who they want to live with. In general, an NJ court will take into account the preference of a child aged 12 or older.
How Influential is the Child’s Opinion?
Although a court will hear out the child, it is important to keep in mind that they are not bound by the child’s opinion and are not obligated to grant custody solely based on their desires. The court’s main concern is the well-being of the child and ultimately the decision will be based on what arrangement allows the child to grow and develop in a safe and loving environment.
In an ideal world, the court’s determination of what is best for the child and the child’s preference would be the same. If they are not, however, the judge will make a decision based on what custody arrangement is the safest for the child and limits the negative impact of the divorce.
When considering the child’s preference the court must evaluate whether the child is mature enough to understand the implications of what they are saying as well as whether or not there are signs that one parent has coached them on what to say.
How is Custody Determined in NJ?
While the child’s opinion on where and with whom they want to live is important, a court has to consider all of the facts before deciding the custody arrangement. They will take into account the following and more.
- The relationship the child has with each parent
- Each parent’s mental and physical health
- Each parent’s ability to care for the child, both financially and otherwise
- Whether either parent has a history of substance abuse, domestic violence, neglect, abandonment, etc.
- The child’s age
- Where each parent lives in relation to the child’s school, family, friends, etc.
- The environment and type of home each parent has
- Whether the child has siblings and where they reside
Ultimately the most important factor is the well-being and best interests of the child. For more information on your parental rights and obligations, reach out to an experienced attorney today.
