Going through a divorce is an incredibly emotional matter for everyone involved, including any children the couple shares. As such, one of the most important topics that must be addressed is child custody. Unfortunately, many parents are unsure what factors the courts will take into consideration when making these important decisions. To learn more about the factors that influence courts’ decisions, read on and consult with a knowledgeable Bergen County child custody lawyer today.
Understanding the “Best Interests of the Child” Standard
In the event that a couple is unable to agree on a custody arrangement themselves, the court will intervene and make the decision for them. Courts in Bergen County and throughout New Jersey adhere to the “child’s best interests standard” when making decisions about custody.
What Does “Best Interest” Mean in New Jersey?
The best interest of the child standard aims to protect the child’s:
- Physical safety
- Emotional stability
- Mental health
- Relationship with each parent
It’s critical to understand that the best interests of the child will supersede the wishes and wants of the parents, as it is the court’s duty to place the child in the best possible position for their emotional and physical well-being.
Why Do Courts Often Favor Joint Custody?
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.
Key Factors That Influence Child Custody Decisions in New Jersey
Under NJ Rev Stat § 9:2-4, the factors considered by the court include, but are not limited t,o the following.
Communication and Cooperation Between Parents
- Ability to work together
- Ability to communicate effectively to make joint decisions
- Willingness to support the child’s relationship with their other parent
Willingness to Accept the Arrangement
- Past compliance with the temporary schedule implemented during the divorce/separation
- Any interference with parenting time
- If refusal to cooperate is based on substantiated claims of abuse
Parent-Child Relationships
- The quality of each parent’s relationship with the child
- Who the primary caretaker of the child was prior to the divorce
- The child’s relationship with any siblings or half-siblings
Safety Concerns
- Whether or not there are any documented instances of domestic violence
- Whether or not either parent suffers from substance abuse issues
- The mental health of each parent
- Restraining orders issued against either parent
- Risks of physical or emotional harm
Child’s Preference
In some instances, the court will take the child’s preference into consideration when deciding on custody. However, this depends on the child’s age and maturity level. While there is no set age at which the court will take a child’s opinion into consideration, courts will generally listen to the input of children around the age of 12 and older. However, if the court deems that the child’s wishes are not in their best interest, the judge is under no obligation to let this weigh on their decision.
The Child’s Physical, Emotional, and Educational Needs
- Stable housing
- A safe environment
- Educational consistency
- Healthcare and emotional support
Employment Responsibilities
- Each parent’s work schedule
- Whether or not travel is required for work
- Ability to arrange child care
- Schedule flexibility
How New Jersey Judges Apply These Custody Factors
It’s important to understand how the courts will examine the aforementioned factors and apply them when determining custody. These factors provide the court with the moral, physical, and financial ability of each parent.
Generally, the judge assigned to a custody case will weigh these factors collectively to get a better understanding of each parent’s strengths and limitations, how to minimize disruption for the child during and after the divorce process, and which arrangement is best for the child’s health, safety, and well-being.
As such, these factors allow the court to create a plan that best protects the child, reduces conflict, and preserves healthy relationships between the parents and the child.
Consult an Experienced Bergen County Family Lawyer
If you are considering divorce or you’re currently in the midst of a custody battle in New Jersey, having an experienced family lawyer to represent you is critical. At Feitlin, Youngman, Karas & Gerson, LLC, our team understands how complicated these matters can be, which is why we are committed to helping you right for the best outcome for your family. Do not hesitate to contact our firm today to schedule a free consultation to discuss your circumstances with a member of our team.
