In a New Jersey separation or divorce, one of the most important but contentious topics is custody of any shared minor children. State courts are tasked with creating or approving custody arrangements that prioritize the well-being and best interests of the children involved which is no easy feat. NJ state law outlines various factors to be considered that help courts make decisions regarding custody arrangements that work best for each unique family. If you are going through a custody dispute and have questions or concerns about your parental rights, reach out to a skillful Morris County, NJ child custody attorney to set up a consultation today.
What is Considered By NJ Courts During Custody Decisions?
New Jersey state law outlines the various factors that help the court determine what is in the best interests of the child. Under N.J.R.S. 9:2-4, when making a custody arrangement, the court will consider, but not be limited to, the following.
- The parents’ ability to agree, communicate, and cooperate with one another in matters related to the child
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time that was not based on substantiated abuse
- The relationship between the child and each parent as well as the child and any siblings they have
- Either parent’s history of domestic violence, if there is one
- The safety of the child and either parent from physical abuse by the other parent
- The child’s preference once they are of sufficient age and have the ability to form a reasonable and intelligent opinion
- The needs of the child
- The stability of the home environment offered
- The quality and continuity of the child’s education
- The fitness of each parent
- The geographical proximity of the parents’ homes
- The extent and quality of time each parent spent with the child before and after the separation
- Each parent’s employment responsibilities
- The ages and number of the children involved in the arrangement
The child’s physical and emotional safety is always of the utmost importance during custody deliberations. The above factors allow the court to glimpse into the lives of the family and gain a clear understanding of the relationship between the child and the parents, as well as the moral, physical, and financial ability of each parent to care for the child.
These factors help the court determine each parent’s ability to house and care for the child to ensure that a custody plan can be created that plays to each parent’s strengths while limiting the detrimental effects on the child.
For more information on how custody is awarded in New Jersey, reach out to an experienced family lawyer today.
