When parents separate or divorce, one of the most emotional questions is whether the child gets a say in where they live. In New Jersey, a child’s preference can play a role in custody decisions, but it is only one of many factors courts consider, and the weight given to their opinion depends on a variety of factors. Consult with a Union County child custody attorney for more information and legal advice today.
How is Custody Decided in NJ?
When determining custody arrangements in New Jersey, courts apply the “best interests of the child” standard. This focuses on which outcome will most benefit the child’s health, safety, and well-being. To determine what is in the child’s best interests, the court evaluates the following factors:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with its parents and siblings;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
A thorough evaluation of the above factors helps the court better understand the family dynamic and which custody arrangement will prioritize the child’s well-being and needs.
How Much Weight Does the Child’s Preference Carry in NJ Custody Decisions?
You’ll notice that the child’s preference is listed as one of the many factors considered during custody decisions. New Jersey courts do consider the child’s wishes, but the weight that their preference carries depends on the circumstances of the situation.
The older and more mature the child is, the more likely their opinion will be seriously considered. The court will also consider whether the child has the capacity to reason and form an intelligent decision, versus if they express a desire to live with one parent because they are more fun or have fewer rules. It’s also important to evaluate whether the child has been influenced by a parent to say or express something that does not reflect their true feelings.
In general, older and more mature children’s opinions tend to carry more weight. Judges look at whether the child understands the situation and can explain their reasoning. Preferences based on valid reasons, like proximity to family or school stability, will have more of an impact. However, it is only one of many relevant factors.
For more information and legal advice, contact a skilled attorney at Ross & Calandrillo today.
