What Does New Jersey Law Say About Child Custody?
Many factors are taken into account when the New Jersey Court awards custody of a child or children due to a divorce. While the final decision is made by the Court, the child’s wishes, the parent’s behavior, and their past are all things that are considered. New Jersey law provides guidelines for awarding the legal and physical custody of the children, in N.J.S.A. 9:2-4:
In making an award of custody, the court shall consider but not be limited to the following factors: the parents’ ability to agree, communicate and cooperate in matters relating to the child; the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child’s education; the fitness of the parents; the geographical proximity of the parents’ homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents’ employment responsibilities; and the age and number of the children. A parent shall not be deemed unfit unless the parents’ conduct has a substantial adverse effect on the child.
Psychologists are routinely engaged or appointed by the Court to conduct “best interests evaluations.” The mental health professional is free to incorporate any relevant factor bearing upon custody. The issue of custody can be multi-faceted, which lends itself to varying expert opinions. The mental health professionals often utilize the term “bonding” as an important factor.
The Prevention of Domestic Violence Act creates a presumption for a custody award in favor of the non-abusive parent. Also, the New Jersey Statutes Annotated, 2C:25-29b(11), says, “An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.”
While New Jersey law and the Court work together to help ensure the best possible outcome for your case, it is clear that you will need trustworthy & expert attorneys on your side to help you navigate challenges and defend your rights.
The attorneys here at Gruber, Colabella, Thompson, Hiben & Montella will help you walk through this challenging time. To get your free consultation, click here.