A young girl with glasses, wearing a red polka-dot cardigan, holds a gavel in one hand and is seated at a table. An open book on child custody and a pair of handcuffs lie before her, possibly pondering her future in New Jersey's legal system.

Can My Child Choose Which Parent to Live With in New Jersey?

When parents of minor children divorce or separate in New Jersey, one of the most difficult and emotional decisions that must be made is determining where their children will live. When considering child custody decisions, it often leads to the question of the child’s role in the decision-making process. Many parents wonder whether their child has the right to choose which parent to live with. While they do not have the final say, a child’s opinion can be considered during custody hearings. To learn more about your and your child’s rights, read on and speak with a knowledgeable Morristown child custody attorney today.

Can My Child Choose Which Parent to Live With in NJ?

New Jersey law operates under a system that allows courts to consider a child’s preference when determining custody but prioritizes the best interests of the child over all else. Within NJ Revised Statute § 9:2-4 lives a list of factors that courts must consider when determining custody and parenting time for minor children. One of these factors is “the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.”

The child’s opinion is not law, but the court may consider their preference, particularly if they are 12 or older. The state does not have a specific age when the child is considered old enough to make this decision, but the older and more mature the child is the more weight their opinion will carry.

While, yes, a child’s opinion on where they want to live will be considered and may even sway the judge one way or the other, it is not the deciding factor. If the court believes that the child’s preference opposes what is in their best interest, they will rule in opposition to the child’s wishes.

How is Child Custody Decided in NJ?

All child custody decisions are made while keeping in mind the best interests of the child and while a child’s preference is considered, it is not the sole factor in determining custody arrangements. Courts take into consideration a wide range of factors including the child’s needs, each parent’s ability to provide for those needs, the stability of the home life offered by each parent, whether there has been a history of violence or abuse, and more.

It is important to keep in mind that parents are permitted and often encouraged to settle child custody issues outside of the court. If both parents can agree on the terms, they can draft a plan and submit it to the court for review. Given that it aligns with the state’s standards, it will generally be approved.

Otherwise, the court will decide on a parenting plan that protects both parent’s rights and ensures the safest environment for the child’s mental and physical health. To learn more and secure representation during your custody case, reach out to an experienced family lawyer today.