When parents in New Jersey go through a separation or divorce, one of the most challenging and emotional issues that they will face is determining custody arrangements for their minor children. In some cases, the children involved will express a strong opinion about custody. As a parent, you may be wondering whether your kid can choose who they live with or if they are left out of the decision completely. While children may have a say in custody decisions, depending on the circumstances, many important factors are considered. Continue reading for more information and reach out to a Morris County, NJ child custody attorney today to secure representation in your case.
How is Custody Determined in NJ?
In New Jersey, custody decisions are made by prioritizing the best interests of the child. Custody is awarded in two forms: legal custody and physical custody.
Legal custody gives parents the decision-making power on behalf of the child for important issues like education, healthcare, religion, and how they are raised. Physical custody determines where the child will primarily live and who is responsible for caring for them on a daily basis.
Parents are encouraged to create a custody agreement on their own and submit it to the court where it can be reviewed and approved. If the parents cannot agree, however, or if the court decides the plan is not in the best interest of the child, the court will create the final custody agreement.
Can My Kid Choose Who to Live With in NJ?
Children under the age of 18 cannot definitively choose where they want to live as they are minors. However, their preference could have some sway on the court’s final decision.
In keeping with the “best interests of the child” standard, NJ courts evaluate a variety of information and factors before deciding on a custody arrangement. These factors include the relationship between the child and each parent, any history of domestic violence, the child’s needs, which parent can best meet those needs, and more.
An important consideration included in NJ Revised Statutes Section 9:2-4 is the child’s opinion. According to this statute “the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision” is one of the many factors a court must consider when awarding custody. While children cannot outright pick who to live with, the court will generally hear the child’s opinion.
The weight that the child’s preference carries will vary depending on the child’s age and maturity. While there is no specific age at which the child can make the decision, the opinion of older and more mature children will generally be considered more than a young child with a limited understanding of the situation.
If you are going through a custody dispute and have questions or concerns about your and your child’s rights, reach out to a skilled family lawyer today for more information.
