When two parents with minor children decide to end their relationship, it can have a serious and detrimental impact on the kids involved. The goal of a New Jersey family court is to minimize the negative effects that a child experiences when their parents separate or divorce. To accomplish this task, courts consider a variety of factors before making final child custody determinations. If you have questions or concerns regarding your parental rights and responsibilities, do not hesitate to contact an experienced Union County child custody attorney for more information today.
What Are the Custody Options in NJ?
New Jersey parents are encouraged to create their own custody arrangements if they can agree on the terms outside of court. However, if the parents cannot come to an agreement, or if the court reviews the plan and decides that it is inadequate, a judge will issue a final determination regarding custody.
Physical custody is a parent’s right and responsibility to live with the child and care for their daily needs, while legal custody is a parent’s right and responsibility to make decisions on behalf of the child. When a judge awards custody, it can be either joint or sole. But how do they come to a decision?
What Factors Do Courts Consider in Child Custody in NJ?
Per New Jersey Revised Statutes 9:2-4, the rights ot both parents are considered equally during custody deliberations. While NJ courts prefer to award joint custody, the court may create any unique custody arrangement based on the best interests of the child.
Factors that may be used to determine what is in the child’s best interest include the following.
- 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
The court’s primary goal is to prioritize the physical, emotional, and psychological well-being of the child. By considering the above factors, a judge can determine the risk associated with each parent and create a custody arrangement that benefits the child’s growth and development.
