What Factors Do New Jersey Courts Consider During Custody Disputes?

Custody arrangements are made with intentional thought to ensure children are placed in the best possible environment to support their needs and safety. New Jersey courts consider a variety of factors during custody disputes to determine what plan is fair and prioritizes the best interests of the children involved.

Parents in New Jersey can be awarded physical and legal custody, with physical being where the child lives and when and legal being which parent has the right to make decisions on behalf of the child. It is crucial that the court has a clear understanding of what each parent is able and willing to contribute to the child to ensure that they are as safe and healthy as possible. To learn more about your rights as a parent in NJ, reach out to an experienced Morristown child custody attorney today.

What Factors Do NJ Courts Consider During Custody Disputes?

Custody arrangements are important as they influence the child’s life for the next several years. If the parents can agree on an arrangement on their own they can submit it to the court for review. If the court finds that the plan is not in the best interest of the child or if the parents cannot come to an agreement, the court will step in and make the final decision.

When making a decision regarding which parent is entitled to which rights and responsibilities and when a child will reside with whom, it is crucial that courts consider a wide range of factors unique to each family and situation.

Quoted from New Jersey Revised Statutes 9:2-4, courts consider but are not limited to the following factors when making custody determinations.

• 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

By evaluating each of these factors, NJ courts can gain an in-depth understanding of the relationship between the child and each parent, each parent’s ability and willingness to care for the child, and which parent will provide the best and most stable home for the child.