Determining the Best Interest of the Child in New Jersey
In New Jersey, child custody determinations are always based on the best interest of the child. This standard ensures that all decisions prioritize a child’s health, safety, and overall well-being. Even if you believe that you know what is in the best interests of your child, a family law attorney can help you navigate child custody cases.
Our child custody attorneys can help you understand the factors the Court will consider when determining the best interests of the child in New Jersey, as well as what steps you can take to provide the best possible situation for your child in the eyes of the Court.
Ability to Cooperate and Coparent a Child
In New Jersey, the first factor the Court will consider in determining the best interests of the child is the parents’ ability to agree, communicate, and cooperate in matters related to the child. If one parent chronically makes it impossible for the parents to jointly make major decisions regarding their child, the Court may be reluctant to order joint custody. Conversely, if both parents demonstrate a general ability to effectively coparent their child, the Court will be inclined to order joint custody.
Parents’ Willingness to accept Custody and any History of Unwillingness to Allow Parenting Time
Each parent should demonstrate readiness to accept custody. If either party exhibits a reluctance to accept custody, the Court will also be reluctant to grant custody to them if they do not appear to be up to the task of jointly caring for their child. If a parent demonstrates any unwillingness to allow the other parent parenting time without any substantiated abuse or neglect, this will be a red flag to a judge and the judge will likely give the aggrieved parent substantial parenting time to ensure they have adequate time with their child.
Relationship between Parent and Child, Safety Issues & Fitness of the Parents
The court will also consider the relationship between the parent and the child. If a parent and child do not have a strong relationship, the Court may be reluctant to put a child in a situation where they spend substantial time with a parent they are not used to being with.
The Court also considers the child and the parents’ safety in determining the best interests of a child. For instance, the judge may take a look at any history of domestic violence, abuse, or neglect in either parent’s home. If either party demonstrates that they are unfit to parent their child due to issues such as untreated substance abuse and mental health issues, the Court will likely require the parent to show they have recovered before giving them any form of custody or unsupervised parenting time.
The Child’s Preferences for Custody
If a child is old and mature enough to give well-reasoned input on their preferences, the Court may consider the child’s wishes as to custody. There is no specific age where a child’s preferences will be considered, but the Court typically will try to avoid involving a child in custody determinations unless they are a mature teenager and the parents cannot agree on custody.
Stability, Education, Location & Employment
Courts must consider the stability of the home environment offered by each parent. The Court will also consider the child’s education and whether a custody determination may disrupt their education. The Court will also consider how far apart the parents live from each other and the child’s school. The Court will also consider each parent’s employment responsibilities. For instance, the judge may consider how much time the parent can feasibly spend with the child each day, as well as how many hours per day employment takes them out of the home.
Contact an Attorney to Discuss the Best Interest of Your Child
Custody is not always a straightforward matter. In fact, a judge may award different types of custody based on the Court’s findings of the parents’ and child’s circumstances. Some parents may share joint legal and physical custody, or the Court may decide to grant exclusive legal and physical custody to one parent. The role of your family law attorney is to help protect your rights as a parent and to demonstrate your ability to act as a responsible parent who can act in your child’s best interests.
A lawyer can help you with the process of determining the best interests of a child in New Jersey custody cases. Contact Moskowitz Law Group to schedule a consultation to discuss your case.
