Will the Judge Let a Child Choose Who to Live With During a Custody Battle?

When you and your spouse make the decision to file for divorce, it can be incredibly difficult, not only for you but also for your children. Custody is unfortunately, one of the most contentious matters during a divorce, so it’s important to understand the different facets of this process. One question many parents have is if their child can choose which parent they live with after the divorce. Unfortunately, the answer depends on several different factors explored in the following blog. Keep reading to learn what you should know about this matter, and the importance of working with New Jersey child custody attorneys is in your best interest during these difficult legal matters.

What Factors Are Considered During an NJ Custody Matter?

First and foremost, it’s important to understand the factors that will be considered when you appear before a judge to discuss custody matters. However, you must note that the court uses a standard known as “the child’s best interest” when determining matters regarding custody. Essentially, this means that the court will prioritize the health and well-being of the child above all else, including the parents’ wishes. Additionally, the court enters all cases with the belief that equal custody is in the best interest of the child. However, as they review factors, this matter can change depending on the best interest of the child.

As such, when presented with a custody matter, the court will take the following factors into consideration:

• The age and health of each parent
• The income of each parent
• The job demands of each parent
• Who the child’s primary caretaker was before the divorce
• Where each parent resides in relation to one another and the child’s school/extracurriculars
• If there are any allegations of child abuse by either parent
• If there are any allegations of substance abuse by either parent
• Each parent’s willingness to co-parent and cooperate
• The ability of each parent to provide a safe and stable environment for the child

Can My Child Choose Which Parent to Reside With?

In some instances, a child may feel strongly about which parent they wish to reside with. Typically in New Jersey, there is no age limit at which a child can share their opinion regarding who they reside with. The judge will determine this on a case-by-case basis depending on how mature the child is.

Additionally, the judge will take the reason the child wants to live with one parent over the other into consideration. It’s important to note, however, that this does not mean the child’s wishes will be granted. As mentioned, the judge must make a decision based on the best interest of the child. As such, if the child’s wish does not reflect their best interest, the judge does not have to adhere to what the child wants. For example, if a child wishes to live with their father because he doesn’t care about grades and lets them stay out past their curfew, you’ll find that the judge will not give this opinion much weight.

As you can see, there are a considerable number of factors that go into determining custody in New Jersey, which is why it’s in your best interest to connect with an experienced attorney. At Haber Silver Russoniello & Dunn, our dedicated legal team understands that custody is a complex matter in an already overwhelming legal issue like divorce. That’s why our firm is ready to guide you to help you fight for the best possible outcome for you and your family. Contact us today to learn more.