What Does the Court Mean by the “Best Interest of the Child” Standard?

For many families, the biggest issue surrounding divorce is how custody will be decided. Unfortunately, this can be an incredibly emotional time for both parents and children, as they may feel anxious and uncertain regarding the future. As such, it’s imperative to understand that New Jersey courts adhere to the “best interest of the child” standard when determining how custody should be divided. If you’re unsure what this means or the different custody arrangements offered, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with New Jersey child custody attorneys to help guide you through this process to fight for the best possible outcome.

What Are the Different Custody Arrangements in New Jersey?

First and foremost, it’s imperative to understand that there are generally two forms of custody you can be awarded in New Jersey – physical and legal. Physical custody refers to where the child lives and is being provided for, whereas legal custody refers to the right of a parent to make a decision on behalf of the child.

Additionally, custody can be awarded solely or jointly. As such, if one parent receives sole physical custody, the other parent may only receive limited visitation, whereas joint custody would require both parents to spend custodial time with the child.

What Does the “Best Interest of the Child” Standard Really Mean?

It’s critical to understand that New Jersey, like all states, adheres to the idea that the final custody arrangement must be in the child’s best interest. Essentially, this means that the court will prioritize ensuring that the child is placed in a situation that benefits their health and wellbeing above all else, including the wants and desires of the parent or the child, if their wishes go against their best interest.

Additionally, there is no specific definition of the best outcome for a child. What could be an ideal arrangement for one child could be the worst-case scenario for another. As such, these matters are determined on a case-by-case basis. The courts will examine several factors to determine what the best interest of a child.

• The age and health of each parent
• The job demands and income of each parent
• The willingness of each parent to cooperate with a custody schedule
• The ability of each parent to provide a safe and stable home
• Any allegations of drug use or neglect
• Where each parent lives in relation to the other and the child’s community

You should note, however, that it is the court’s general belief that the child should maintain a relationship with both parents. However, as the court examines the aforementioned factors, it can adjust the custody arrangement as necessary to ensure it reflects the child’s best interest.

As you can see, child custody is not a matter taken lightly by the courts. That is why working with an experienced child custody lawyer is in your best interest during these difficult times. At Haber Silver Russoniello & Dunn, our dedicated legal team will do everything possible to assist you through these difficult times and help fight for the best outcome for your family. Connect with us today to learn more.