Divorce is a difficult and often emotionally overwhelming process for all parties involved, particularly when children are involved. In New Jersey, family courts prioritize the best interests of the children when determining custody arrangements. A common question parents have is whether their child will get to decide who to live with. However, the final decision is left up to the presiding judge. For more information on your legal rights and options as a parent, reach out to an experienced Sussex County, Sparta child custody attorney today.
How is Custody Decided in NJ?
In New Jersey, custody decisions are determined by the courts based on a set of guidelines that aim to ensure the well-being of the child is protected. These guidelines are outlined in N.J.S.A. 9:2-4 which states that custody decisions must promote the best interests of the child.
Only a judge in a family court can make a final decision regarding custody of a minor child after a separation or divorce. They will evaluate numerous factors related to the parents’ and child’s lives before deciding what arrangement makes the most sense. Some factors considered will include the following.
- The child’s relationship with each parent
- The stability of each parent’s home environment
- Whether either parent has a history of domestic violence, abuse, neglect, or abandonment
- Each parent’s physical and financial capability to provide for the child’s needs
- The mental and physical health of each parent
Another important consideration is the child’s preference.
Can My Child Decide Who to Live With in NJ?
As established above, only a judge can decide with whom a child will reside after their parents separate or get divorced. However, a major factor that can be considered is the child’s wishes. Children do not have the ultimate authority to decide, but depending on their age they may be permitted to express their wishes to the judge.
The older and more mature the child is the more weight their opinions will carry. While their preference is not legally binding, judges will take the child’s wishes into account, especially if their statement is based on logic and reason.
For example, if the child says they want to live with one parent because they have more fun, get to eat junk food, don’t have any chores, and do not have as much supervision, the court may not take it seriously as their reasons only prove that they are not looked after closely at that parent’s home. However, if a mature child explains that they would rather stay with one parent because they have a closer relationship, they live closer to their school and friends, and they feel more comfortable remaining with them, it can significantly sway a judge.
While it is important to understand that the child’s preference is not the deciding factor, it can influence the outcome of a custody dispute. Consult with a skilled attorney for more information and legal advice.
