Decisions regarding child custody in New Jersey must be handled with the child’s best interest in mind. Please continue reading as we explore this standard in further detail and how our knowledgeable Edison Child Custody Lawyers can help safeguard your rights throughout this process.
What is “the Child’s Best Interest” Standard?
Parents can resolve a child custody matter out of court through negotiation and agreement. However, if they can’t, the court will intervene and decide who gets custody of the children. In all custody arrangements, the court will prioritize what is considered best for the child’s life rather than what the parents may want. They will prioritize the child’s happiness, health, and security, above all other factors.
In New Jersey, the “best interests of the child” standard is used in custody cases to determine the best arrangement for a child’s well-being. This standard accounts for the child’s health and developmental needs. The following are common factors a family court will consider when determining the best interests of the child:
- Parental fitness
- Parenting ability
- The child’s relationship with each parent
- The child’s wishes (depending on the child’s age and ability to make an intelligent decision)
- The age of the child
- Each parent’s living situation
- Where each parent lives in proximity to the child’s school and extracurriculars
- The mental and physical health of the parents
- Any special needs a child may have and how each parent takes care of those needs
- The need for continuing a stable home environment
- Whether there is a pattern of domestic violence in the home
- Any history of child abuse, neglect, or abandonment
- Evidence of parental substance abuse
It’s important to note that the courts don’t just look at one specific factor. Instead, they will consider the totality of the circumstances, meaning they will examine all factors that are relevant to the child’s needs. At the end of the day, the judge’s primary concern is the welfare of the children involved.
How Can I Prove I’m the Best Option for My Child?
In New Jersey, several different types of custody arrangements can be awarded, depending on the unique circumstances of each case. When a parent is seeking sole custody, the court will need to consider whether this is in the best interests of the child. Keep in mind that even in cases where both parents seek joint custody, the court needs to consider the child’s best interests.
Generally, the court finds it’s in a child’s best interest to maintain a meaningful and ongoing relationship with both parents. This is because it can positively impact their emotional and psychological well-being. However, there are instances in which maintaining contact with both parents can be harmful to the child. To prove that awarding you custody is in your child’s best interest, you need to highlight your parenting abilities.
Prepare a detailed parenting plan that demonstrates your ability to provide a stable environment and that you want to remain an active participant in your child’s life. Suggest a visitation schedule that is fair for both parents unless there is a valid reason to deny visits. Keep track of your parenting duties. Furthermore, you should gather evidence of your child’s needs and how you meet them.
At Arndt, Sutak & Miceli, LLC, we understand what is at stake as a divorcing parent. Our legal team is prepared to help you preserve the bond you share with your child. Connect with our firm today to discuss your case.
