New Jersey courts will strive to make custody decisions that keep the best interest of the child in mind. Continue reading and contact a Union County child custody attorney to learn more about how custody decisions are made and how you can protect your parental rights.
What Child Custody Arrangement is Best?
There is no one-size-fits-all solution to child custody. Depending on the details of the family and the relationship between each parent and the child, different custody arrangements may work best.
Legal custody gives parents the right to make decisions for their children regarding important topics like religion, education, healthcare, and more. Legal custody can be sole or joint depending on the situation.
Physical custody dictates with which parent the child resides and when. A parent who lives with the child most or all of the time has sole physical custody. If the child spends a substantial amount of time with each parent they have joint custody.
What Factors Contribute to the “Best Interest of the Child?”
Stability
Stability is important for young children. If one parent was granted temporary custody during the separation or divorce it may be best for the child to remain with that parent as opposed to changing the system they have grown used to.
Primary caretaker
The parent who has historically been the primary caretaker is more likely to be awarded custody. If they spent more time with the child during the marriage that can impact a court’s decision.
Parents’ health
The mental and physical health of both parents is important. If one parent has a physical disability that prevents them from caring for the child they are less likely to receive custody. The same can apply to a parent with a debilitating mental illness or emotional instability.
Parental history
If either parent has a history of domestic violence, abuse, neglect, abandonment, or more it could be an important factor to consider. It is probably not in the child’s best interest to live with a parent with a history of criminal or cruel behavior.
Finances
It is important to consider if one or both parents are financially stable enough to support the child and provide them with a good home and meet their needs. The noncustodial parent may be required to pay child support payments, but evaluating each parent’s financial situation is still important.
Location
Where each parent lives can impact what will be the best choice for the child. A parent who lives with or in proximity to the child’s siblings, relatives, friends, school, and more may have a better chance of receiving custody. The court will recognize the importance of allowing the child to be near familiar people and places.
Living conditions
The court will want a child to live in a safe and healthy household. If one parent lives in an apartment in a dangerous neighborhood with a new partner, for example, it may not be as good an environment as a parent with a home in a safe suburb.
Courts may also consider the child’s preference, educational opportunities, and any other factor that can affect the best interest of the child.
