Child custody is a serious issue during separations and divorces. New Jersey courts take the task of determining child custody seriously and many factors are considered before a decision is made. To learn more about the process and your parental rights, continue reading and work with a Sussex County, Sparta child custody attorney.
What Custody Arrangements Are Generally Granted?
First and foremost, it is important to note that parents are permitted to create their own custody arrangements outside of the court through personal negotiations or mediation sessions. If they can agree on the terms, they may submit the plan for review by the court. Under state law, the court will enforce any custody agreement agreed to by both parents unless it is not in the child’s best interest.
If the parents cannot come to an agreement, or if the court rejects their plan, the judge will decide the outcome of custody. The judge can award physical and legal custody and either can be joint or sole. Physical custody determines where the child lives and which parent is responsible for their daily care while legal custody determines which parent has the right to make important decisions on the child’s behalf.
What Factors Are Considered By NJ Child Custody Courts?
Deciding what custody arrangement to enforce is a major decision that can have a significant impact on the child’s life. Because separation and divorce have historically had detrimental effects on children’s well-being, courts will evaluate a variety of factors in an effort to minimize the damage done.
Below are the main factors considered under NJ law, Statute 9:2-4.
- Both parents’ ability to agree, communicate, and cooperate in matters relating to the child
- Both 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 with their parents and siblings
- Both parents’ history of domestic violence, if any
- The safety of the child and either parent from physical abuse by the other parent
- The preference of the child when they are of sufficient age and capacity to form an intelligent decision
- The needs of the child
- The stability of the home environment offered by either parent
- The quality and continuity of the child’s education
- The fitness of each parent
- The geographical proximity of the parents’ homes
- The extent and quality of time spent with the child prior to or subsequent to the separation
- The parents’ employment and job responsibilities
- The age and number of children involved
To some this may seem like an excessive amount of information, while others may believe it is not enough. While the children involved in a separation or divorce will always be impacted in some way, the main goal of the court is to simply reduce the negative effects as much as possible and ensure the child’s physical and emotional safety.