If you are involved in a child custody case, you have probably heard the phrase “best interest of the child.” This standard is important in all family law cases involving children. Understanding what this phrase means and its implications is crucial. Reach out to a knowledgeable Union County child custody attorney today for more information.
What is the “Best Interest of the Child” in NJ?
There is no set definition for the “best interest of the child.” This phrase is often used in child custody cases, but it has no technical or clear-cut definition. Instead, it is a subjective standard. Every family and child is unique, so there cannot be a rigid understanding of the standard that applies to everyone.
When a court prioritizes the “best interest of the child,” it is simply referring to finding the best arrangement that ensures the child’s physical safety, emotional well-being, happiness, and development. A separation or divorce can significantly impact children, so keeping in mind the best interests of the child helps to make sure that they are not adversely affected and that their needs are placed above those of their parents.
How Does an NJ Court Determine the Child’s Best Interests?
Because there is no one-size-fits-all clear definition of the best interests of a child, it is up to the court to evaluate the details of each case and family before creating an arrangement that is well suited to the child’s needs. Under NJ Statutes 9:2-4, courts are required to consider the following factors when making custody decisions in the child’s best interests.
- The parents’ ability to communicate, cooperate, and agree on matters related to the child
- The parents’ willingness to accept custody and responsibility of the child and any history of unwillingness to abide by the previous custody orders, given that the unwillingness was not based
- on substantiated abuse
- The relationship between the child and each parent, as well as the relationship between the child and their siblings if they have any
- Either parents’ history of domestic violence
- The safety of the child and either parent from physical abuse by the other parent
- The child’s preference when they are old enough to express an opinion based in reason and logic
- The child’s needs
- The stability of each parent’s home environment
- The quality and continuity of the child’s education
- The fitness of either parent to care for the child
- Where each parent lives in respect to the other
- The amount and quality of time the child spent with either parent before the separation or divorce
- Both parents’ jobs and employment responsibilities
- The age of the child and the number of children the parents share
It is important to keep in mind that a child’s needs are ever-changing, especially as they grow up and mature. The concept of the child’s best interests can be affected as time goes on. A custody arrangement that may have worked well when the child was young may need to be modified as they grow and develop new needs. Courts can modify custody agreements to ensure that the child’s best interests continue to be prioritized.
