When a couple who shares minor children makes the difficult decision to separate or divorce, one of the most important considerations is who will take custody of the child. Depending on the age of the child and their understanding of the situation, they may have an opinion of who they want to reside with. While a child cannot choose which parent to live with in New Jersey, they can express their preference to the court for consideration.
To learn more about your parental rights and obtain skilled representation during your case, work with an experienced Union County child custody attorney.
What Types of Custody Are Recognized?
There are two types of custody, legal and physical. Both of these types of custody can be shared by the parents or awarded to only one individual. Legal custody refers to the right to make major decisions on behalf of the child including how they are educated, the medical care they receive, and their religious upbringing. Joint legal custody fosters co-parenting and grants both parents the right to contribute to these decisions.
Physical custody, also called residential custody, refers to where the child lives and who cares for them on a day-to-day basis. With shared physical custody the child resides with both parents equally. Primary physical custody is when one parent has the child for at least 51% of the time.
In some extreme cases, one parent may have no access to the child at all or only be allowed supervised visitation, leaving the other parent with sole physical custody.
Can My Child Choose Which Parent to Live with in NJ?
New Jersey law emphasizes prioritizing the child’s best interests above all else when determining custody. NJ judges meticulously evaluate a variety of factors to determine what custody arrangement will be most beneficial for the child’s well-being, growth, and development.
A child does not have the legal authority to make a final decision on custody based on their preferences. Only an NJ family court can determine or approve which parent the child resides with and the details of the arrangement.
However, the child’s wishes are important and will be a contributing factor. The age and maturity of the child will determine how much sway their preference will have on the court’s decision. If a child is very young, does not have a good understanding of the situation, and is expressing the desire to live with one parent because of reasons like they are more fun or have fewer rules, the court will not take it very seriously.
If, however, the child is a teenager, seems mature enough to grasp the gravity of the situation, and expresses their preferences based on logic and reason, their statement could have a significant impact on the court’s decision.
While a child’s preference can be an important consideration, ultimately the judge has the final say over custody arrangements and will consider a wide range of factors to ensure the child is protected and grows up in a stable environment.
