What Factors Do the Courts Consider In Custody Decisions?

For many parents, one of the most upsetting parts of pursuing a divorce is the uncertainty surrounding custody matters. Unfortunately, no two cases are the same, so predicting the likely outcomes of custody decisions is difficult. However, familiarizing yourself with the factors the courts will take into consideration during these matters can help you prepare. The following blog explores what you should know about these matters and the importance of connecting with New Jersey child custody attorneys to explore your legal options.

What Are the Different Custody Arrangements in New Jersey?

Generally, you’ll find there are two kinds of custody – physical and legal, which can be awarded to both parents or one sole parent, depending on the circumstances. Legal custody refers to the right of a parent to make decisions for the child, such as where they go to school, what religion they practice, and the medical treatment they receive. In many instances, this will be granted to both parents.

The other kind of custody you can seek is physical custody, which refers to where the child lives and which parent is physically caring for the child at any given time. In many instances, custody time is split. However, if the majority of time is granted to one parent, they are considered the custodial parent, as they are the child’s primary caretaker. It’s imperative to understand that in some instances, such as when a parent moves far away, both parents may have legal rights even if one parent has sole physical custody.

What Elements Impact Custody Decisions?

When the courts make custody decisions for a child, it’s critical to understand what factors are taken into consideration. First and foremost, it’s necessary to understand that the courts adhere to the “child’s best interest standard” above all else when making a custody decision. Essentially, this means they will make decisions based on the best interest of the child’s health and well-being over what the parents want. Additionally, the courts believe that, generally, it is best for the child to have a relationship with both parents. As such, the courts will begin each decision with the idea that 50/50 custody is best. However, as they examine the following factors, the decision can change based on the information they discover:

• The age and health of each parent
• Each parent’s willingness to cooperate
• The ability of each parent to provide a safe environment for the child
• The income of each parent
• The job responsibilities of each parent
• The child’s needs
• The parents’ ability to accept a custody agreement
• Allegations of abuse or neglect
• Allegations of substance abuse or addiction

As you can see, there are a number of factors that can influence a custody decision in New Jersey. That is why it is critical to connect with an experienced attorney from Haber Silver Russoniello & Dunn to fight for the best interest of you and your family. We understand how overwhelming custody matters can be, which is why our team is here to guide you through these difficult circumstances. Contact us today to learn how we can assist you.