May 24, 2024
When are the “best interests” factors used?
In family law matters, a phrase you’ll often hear is the “best interests of the child.” This is because the primary consideration in matters involving child custody and parenting time is whether a requested arrangement is in the child’s best interests.
Oftentimes, this phrase is used in reference to the 12 “best interests” factors enumerated in the New Jersey child custody statute. This statute provides several factors as a guideline for courts to use when determining whether a custody arrangement is in the best interests of the child. These factors include:
- 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 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 reasons 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.
Obviously, not every factor will be applicable to every case, and some factors may be given more weight than others. Also, if the parties agree, courts will allow parties to implement their own parenting time and custody arrangements so long as the parties agree that the arrangement is in the child’s best interests.
The Role of Guardians ad litem
In some circumstances, courts will appoint a “guardian ad litem” to investigate and provide for a recommendation on the best interests factors. Basically, it is the guardian ad litem’s job to assist the court in rendering a decision that aligns with the best interests of the child, consistent with the statutory factors described above.
Child Custody Lawyers in New Jersey
If you have a case involving child custody and parenting time that you would like to resolve, contact Arndt, Sutak & Miceli, LLC for a consultation at (732) 867-8894.
