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What Factors Do Courts Consider in Custody Decisions?

If you are divorcing with children, it’s important to understand the factors the court will consider before making final child custody decisions. If you have questions concerning your parental rights, please don’t hesitate to contact our experienced Edison Child Custody Lawyers for more information today. 

What Are the Different Custody Options in New Jersey?

In New Jersey, parents going through a divorce are strongly encouraged to work together to create a custody arrangement that best suits their child’s needs. However, there are situations in which parents cannot reach a mutually agreeable custody arrangement. This may be due to numerous reasons, such as high levels of conflict, differing opinions on what is best for the child, or an unwillingness to compromise. In such cases, or when a judge reviews a proposed plan and determines that it does not adequately protect the child’s best interests, the court will intervene and issue a final custody determination.

Generally, two different forms of custody can be awarded during a divorce. The first is legal custody, which can be joint or awarded to one party. This type of custody grants a parent the right to make decisions on behalf of the child. This includes where they go to school, the medical care they receive, and even what religion they practice. It’s important to note that if legal custody is granted to both parents, they are required to discuss these matters before making a final decision. If sole legal custody is awarded, the custodial parent does not have to consult the other parent before deciding for the child.

The second form of custody that can be awarded is physical custody. This refers to where the child resides. The court believes that it’s in a child’s best interest to have a relationship with both parents. As such, they will often try to split custody evenly between parents. However, there are circumstances in which the court determines that it’s not conducive for the child to remain in the care of one parent. In this case, they will award sole custody. This means the child will remain in the care of one parent, and the other may be granted visitation.

What Factors Do the Courts Consider When Deciding Custody?

When making a custody determination, the court will carefully examine a wide range of factors to ensure the child’s well-being. These factors may include:

  • The age and health of each parent
  • The stability of each parent’s home environment
  • The quality and continuity of the child’s education
  • The fitness of either parent to care for the child
  • The willingness of parents to cooperate
  • If the child has siblings
  • The child’s unique needs
  • The child’s relationship with each parent
  • The proximity of the parents’ homes
  • If there are any allegations of substance abuse, domestic violence, or neglect
  • The child’s parental preference (depending on age and maturity)
  • Any other factors deemed relevant by the court

The court’s primary goal is prioritizing the child’s best interests and ensuring they are provided with a safe and stable environment that fosters their physical, emotional, and psychological development. The court will weigh all relevant factors and make a determination that it believes will best serve the child’s long-term needs.

At Arndt & Sutak, LLC, we are prepared to help you navigate the complexities of this legal process and safeguard your parenting time. Connect with our firm today to discuss your case.

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