During a separation or divorce, one of the most important topics that must be addressed is child custody. To learn more about the factors that influence courts’ decisions, read on and consult with a knowledgeable Bergen County child custody lawyer today.

gavel on desk with paper cutout of family silhouettes including 2 parents and 2 children; Bergen County Family Lawyers concept image

What is the Best Interest of the Child?

The “best interest of the child” is a standard implemented in New Jersey and most states across the country. When two parents decide to separate or divorce, it can have significant adverse effects on any children they share.

To counter these detrimental effects, state courts make custody decisions based on what is in the best interest of the children involved. What the parents want is not a determining factor. Instead, the presiding judge will consider what custody arrangements will most benefit the child’s physical, emotional, and psychological health and well-being.

It is worth noting that in general, it is considered in the child’s best interest to have regular contact and maintain strong relationships with both parents. For this reason, courts will typically strive to award joint custody. However, if other factors indicate that joint custody is not in the child’s best interest, alternative plans will be made.

What Factors Influence Child Custody Decisions in NJ?

New Jersey child custody courts can be influenced by a variety of factors unique to each situation. The primary goal of the court is to create a custody arrangement that allows the child to maintain strong relationships with both parents while prioritizing their physical and mental health and safety. Under NJ Rev Stat § 9:2-4, the factors considered by the court include but are not limited to the following.

  1. The ability and willingness of the parents to communicate and cooperate with one another in issues regarding the child
  2. 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
  3. The relationship the child has with each parent and their siblings, if they have any
  4. Whether either parent has a history of domestic violence
  5. The child and parents’ safety from physical abuse by the other parent
  6. The child’s preference, if they are old enough to form an opinion rooted in reason
  7. The child’s needs
  8. The stability each parent can offer in their home environment
  9. The quality and continuity of the child’s education that each parent can offer
  10. The fitness of each parent to meet the child’s needs
  11. Where each parent lives in relation to the other
  12. The amount and quality of time each parent spent with the child before and after the separation
  13. Each parent’s job responsibilities
  14. The age and number of the children involved

The above factors allow the court to gain an understanding of the family’s circumstances before deciding which parent offers a more beneficial home life and environment for the child. NJ judges have the discretion to consider additional factors depending on the details of the situation. For more information consult with an experienced family attorney today.