Custody battles can be emotional and complex. It can be difficult to figure out what the best living situation for a child will be now that their parents are no longer together. The outcome of a custody dispute will alter the child’s life forever, so their preference may be a significant contributing factor in a court’s decision. Our skilled attorneys at Ross & Calandrillo, LLC understand the importance of ensuring your family is awarded the right custody arrangement to suit your child’s best interests. Contact a Union County child custody attorney to discuss your situation and obtain skilled representation today.
What Types of Custody Can Be Awarded?
New Jersey courts are tasked with determining both legal and physical custody. Legal custody is a parent’s right to make decisions regarding their child’s health, development, and well-being. A parent with legal custody can make decisions regarding the child’s education, medical care, religious upbringing, and more.
Physical custody refers to where the child will reside at any given moment. Will they stay with one parent all the time? Will they have visitation with the other parent? Will they alternate weeks or weekends? All of these questions are answered when physical custody is awarded.
Courts also have to determine whether these two types of custody are sole or joint. While the goal is always to keep in mind the child’s best interests, a court will strive to award joint custody when possible to ensure that the child maintains a relationship with both parents.
Do Courts Consider a Child’s Preference?
It is important to note that a New Jersey court is not obligated to rule on custody based on the child’s desires. However, a court will consider their preference. When determining the best interests of the child it is crucial to consider their personal wishes.
The effect that the child’s preference has on a final custody decision varies depending on the individual circumstances. For example, a 14-year-old’s preference will probably be more heavily considered than a 6-year-old’s. When a child is young they may not understand the full scope of the situation or be able to speak to what is truly best for them. They may wish to live with the parent who is more fun and has no rules when in reality the parent with boundaries and safety precautions likely provides a better environment to grow up.
A court will also have to consider whether or not the child has been coached or told what to say by one of their parents. Unfortunately, parents using their children during their divorce for a more desired outcome is not an uncommon practice.
Essentially, New Jersey state law does permit judges to consider the child’s wishes when determining custody, but it is left up to their discretion how much impact it has on their decision. Speak to a skilled family lawyer for more information on your parenting rights and how your child may contribute during your custody case.
