One of the primary concerns for parents going through a divorce is what their future relationship with their children will look like. This will largely be shaped by the custody arrangement.
In some cases, parents are able to agree on a schedule without court intervention. However, all custody arrangements, including those set by the court, are based on the best interests of the child.
How are the best interests of the child determined in New Jersey?
There are several key factors
While New Jersey does have child custody statutes, the definitions in these statutes are flexible. This is because every child is unique and each family dynamic is unique. The key factors set out in the law include:
- The age of the child and whether or not they have siblings: The court will consider the age of each child and their relationship with siblings. Rarely will it be in the best interests of the child to be separated from their siblings.
- The home environment: The court will carefully assess the proposed home environment for the child. For example, would awarding physical custody to one parent mean the child having to move to a different location? Does the child currently have their own room and all the facilities they need to thrive at home?
- The specific needs of the child: Some children have very specific needs. For instance, children with physical or mental health conditions may require specialist care. If one parent has been taking care of this already, this will be factored into the custody ruling.
Defining the best interests of the child depends on each individual case. Having experienced legal guidance can help you protect your parental rights.