The heart of any child custody case is the child’s best interest. This phrase may seem abstract, but it refers to a specific duty for the court. Judges must ensure that custody arrangements are beneficial to the child’s physical, mental and emotional development.
What factors impact custody?
There are several factors New Jersey courts will consider when determining which custody arrangement will work best for your child. Many of these custody factors relate to the parents’ ability to properly care for the child without the assistance or involvement from the other parent.
If neither parent can care for the child, the court may award custody to another family member, such as a grandparent.
The court will consider the following when evaluating possible child custody arrangements:
- Ability to provide: Each parent’s income, health, age, and mental and physical ability to cater to the child’s needs.
- Ability to cooperate: Whether the parents can work together to make decisions regarding the child.
- Safety: Whether there was a history of domestic violence or neglect in the household and whether the child will be safe with either parent.
- Location, employment, and stability: The distance between the parents’ households, the parents’ work schedules, and whether each parent can provide a stable living environment for the child.
- Child’s preference: If the court determines the child has the appropriate level of maturity, it will consider where the child wants to live.
Ideally, parents will be able to agree on the terms of their custody arrangement and the court will just have to approve their plan. However, if they cannot agree, the court will use the above factors and other factors to come up with a custody plan. In many cases, the parties will be asked to participate in mediation to try to resolve their issues outside of court.
