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What Does "Best Interests" Of My Child Mean?

Separating one home into two during a divorce is a huge change to a family dynamic. While this certainly impacts every member of the family, it is the children that feel it most and take the longest to adjust. Knowing this, family courts endeavor to make decisions and enter orders that are in the best interests of children.

What exactly is meant by the legal term “best interests of the child?” The courts take several factors into account when making a determination about what is best for children in divorce cases. Both parents are given a chance to present evidence that supports their requests for things like child custody, child support, and visitation rights. It is important that they present the facts of their case effectively to increase their chances of getting the results that best suit their family’s needs.

New Jersey law recognizes the basic concept of "best interests,” and takes into account the following things when making decisions that impact children:

  • Each parent’s ability to care for and financially support the child
  • The ability of the parents to cooperate and communicate with one another, and the role each parent plays in reaching agreements regarding the children
  • The wishes of the child, based on their age and maturity level
  • Any special emotional, health, or educational needs of the child
  • Any prior relationships the child has formed with other family members, such as siblings

Because each case is different, decisions are made on a case-by-case basis. A New Jersey divorce lawyer at Moskowitz Law Group, LLC can provide you with a thorough analysis of the unique facts of your case.

For more information on what courts examine when determining what is in the "best interests" of children in divorce cases, call an experienced family law attorney at our firm. We would be happy to answer your questions during a free initial case evaluation. To schedule yours, please fill out an online consultation form, or call us at (201) 419-6223.