If you have ever been involved in a custody dispute, you have likely heard the phrase “best interest of the child.” As a parent, it is important that you understand what this standard is and what it means for you and your child. Reach out to a Morris County, NJ child custody attorney today for more information and legal counsel.
What Does “Best Interest of the Child” Mean in NJ?
The phrase “best interest of the child” is a legal standard that family courts uphold during custody and visitation disputes. When two parents are dealing with custody issues, the most important thing is how the child will be affected by the outcome of the case.
The best interest of the child standard guides courts and judges while they make decisions about which parent has physical and legal custody, visitation rights, schedules, and more. This ensures that the child’s needs are prioritized over those of the parents and protects the child’s physical safety, emotional health, development, and overall welfare.
It has been proven that children can be significantly and negatively impacted by the separation of their parents. Complying with the best interests of the child standard ensures that the damage is limited.
How Do Courts Determine What Is in the Best Interest of the Child?
New Jersey courts are required by law to evaluate a plethora of factors before deciding how to handle custody and visitation issues. Determining the best interest of the child is complex, so judges must have all relevant information to show them what the child’s life would look like depending on which parent has custody.
N.J.R.S. 9:2-4 outlines the most important factors to consider, which include 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
Any other factor the judge deems necessary can be considered as well. Prioritizing the child is crucial, so all of this information is required to ensure the judge has a clear scope of the situation.
For more information and to obtain skilled legal advice during your case, reach out to an experienced attorney at Townsend, Tomaio & Newmark, LLC today.
