In the best of circumstances, when parents can no longer live together, they still put their child first and develop a parenting plan that benefits him/her. As long as there are no untenable conditions that adversely affect the child, the New Jersey court typically approves this arrangement. Unfortunately, when a couple decides to terminate their relationship, it’s usually due to an inability to get along. The court must step in if the parents cannot agree on a custody plan.
As is the norm throughout the United States, child custody in New Jersey is decided by applying the “best interests of the child” principle. The judge analyzes several factors to determine what’s best for the child. This criterion varies from state to state, although there are several similarities. In New Jersey, courts look at answers to the following questions to determine the best plan for child custody and visitation.
- What type of relationship and interaction does the child have with mom, dad and sibs?
- How much quality time did the child spend with each parent before the separation?
- Do mom and dad’s work responsibilities substantially interfere with either one’s ability to parent?
- How well are mom and dad able to communicate and cooperate with one another on matters regarding their child?
- Is there a history of problems cooperating with a custody arrangement?
- How willing are mom and dad to cooperate with a custody plan?
- How fit are mom and dad?
- How close do mom and dad live to each other?
- How old is the child?
- How many children are there?
- How stable is the child’s home life?
- What is the quality of the child’s education and how will custody affect this?
- What specific needs does the child have?
- Has there been any domestic violence issues?
- If the child is over 12 years of age, and is sufficiently intelligent to make a choice, what is his/her preference?
The Superior Court carefully reviews all of these factors, input from the parents and any other applicable contributing facts. Joint custody is the goal, but in some cases sole custody is the better choice for the child. The court typically views the involvement of both parents as the best situation. For help with any issue, contact our New Jersey child custody attorneys today.
