How Do Courts Determine the Best Interest of the Child?

Going through a divorce is an incredibly complex matter for the couple at the center of the legal battle. However, the courts pay special attention to the children in the middle of this issue, as they may not fully understand what’s happening. Additionally, the courts must consider the best interest of the child when making a custody decision. If you’re unsure what factors will impact the outcome of this decision or why it’s critical to connect with New Jersey child custody attorneys who can help fight for you and your family.

What Is the “Child’s Best Interest Standard?”

During a custody case, it’s not uncommon for both parents to want full custody of their child. However, the courts must not consider the wishes of the parents, and must instead adhere to a standard known as the “child’s best interest.” Essentially, this means the courts will prioritize the health, happiness, and well-being of the child over the wants and wishes of the parents.

Generally, if both parents can agree on a parenting plan, the courts will approve it. If the parents cannot reach an agreement, however, the courts examine several factors to determine a custody arrangement that benefits the child.

What Do Courts Consider When Deciding on the Best Interest of the Child?

When child custody must be decided by the courts, they generally will begin by assuming that spending equal time with each parent is in the best interest of the child. This is because having a relationship with both parents generally benefits the child. However, there are factors that can influence how much time each parent spends with the child. These include, but are not limited to, the following:

• The health and age of each parent
• The income of each parent
• Each parent’s job demands and responsibilities
• Who the child’s primary caretaker was before the divorce
• Where each parent lives in relation to one another
• The stability of each home
• Allegations of abuse or neglect
• Allegations of substance abuse

While these factors could sway how much time each parent spends with the child, the courts generally only grant full custody in rare cases. If they have reason to believe the child would be in danger if left in the care of one parent, they may deny custody, instead offering supervised visitation.

If you are worried about the outcome of your custody case, it’s in your best interest to connect with an experienced attorney as soon as possible. Our firm understands how important these matters are for you and your family, which is why we will do everything in our power to help fight for the best possible outcome. Schedule a consultation with a member of our legal team today to discuss your circumstances.