Navigating a divorce is an emotionally challenging experience, particularly when children are involved. For many parents, establishing a child custody arrangement tends to be the most contentious issue, as each parent strives to secure as much time as possible with their children. When deciding on a child custody agreement, the court examines a range of factors to prioritize the child’s overall well-being and best interests. Many parents are left wondering whether their child has the right to express their parental preference. Please continue reading to explore how a child’s preference can impact the outcome of a custody case and how our qualified Edison Child Custody Lawyers can help preserve the bond you share with your children.
What Factors Influence a Custody Determination in NJ?
In New Jersey, there are many possible outcomes for parenting time. It’s important to note that New Jersey recognizes two types of custody: physical and legal. Physical custody refers to the right to have the child reside with you and be responsible for their day-to-day care, whereas legal custody determines who has the right to make major decisions about a child’s life.
When you and your spouse decide to divorce, you may be able to reach an agreement on a custody plan. However, if you cannot agree on a fair arrangement, the court will intervene and issue a decision. They will examine several circumstances surrounding these matters, including, but by no means limited to, the following:
- The child’s age
- Parental mental and physical health
- The parent’s ability to provide care
- The child’s relationship with each parent
- The stability of the home environment
- The income of each parent
- The employment responsibilities of each parent
- The distance between the parent’s homes
- Any history of abuse or neglect
- Any substance abuse issues
- Any other factors deemed relevant by the court
Ultimately, these factors are taken into account as a means of determining the child’s best interest. This standard ensures the health, happiness, and safety of the child are prioritized above the desires of the parents.
Will the Court Consider My Child’s Preference?
While not always decisive, a child’s expressed preference may be considered if they are deemed mature enough to make an intelligent decision. The court will factor in the child’s age, maturity, and understanding of the situation. Generally, the court will give more weight to the preference of older, more mature children who can make informed decisions. The court must determine whether or not what the child wants aligns with their best interest. For instance, a child may want to live with their dad because they are more lenient when it comes to discipline, while their mom holds them to a higher standard.
As you can see, various factors can influence the outcome of a custody decision. At Arndt, Sutak & Miceli, LLC, we are prepared to help you navigate your legal options and understand your rights. If you are facing a custody battle, connect with our firm today for assistance.
