Child Custody Cases

Best Interests of the Child

In the ideal world, a judge, who knows neither you, your spouse nor your children, would never be asked to make as important a decision for the family unit. Those decisions involve who should raise your children, or who your children should reside with on a full-time basis or how much time each parent gets to spend with the child. Unfortunately, we do not live in an ideal world. Courts are asked to make these crucial decisions in divorce matters. While many cases are resolved through mediation or the engagement of a parenting time coordinator by the parties, some case do in fact get tried.

In making custody determinations, New Jersey Family Part Judges attempt to determine the child's best interests. This standard ensures a child's safety, happiness, physical, mental & moral welfare. As a result, the courts have developed factors to assist them in making a best interest determination.

	History of domestic violence, if any
	Safety of child from physical abuse by parent
	Preference of child, when of sufficient age & capacity to reason, so as to form an intelligent decision
	Needs of the child
	Stability of home environment offered by each parent
	Quality and continuity of child's education
	Fitness of each parent
	Geographic proximity of each parent's home to the others
	Extent & quality of time spent with a child prior to the separation
	Extent & quality of time spent with a child subsequent to separation
	Employment responsibilities inside and outside of the home of each parent
	Number & ages of children

In reviewing and determining what is in the child's best interest the matter, the Court typically tries to identify the parent who is most likely to put personal differences aside and will unselfishly do what is right by his or her children. At trial, the judge will evaluate which parent (if any) demonstrates sincere action-based commitment to rise above existing contentions in order to affect amicable resolution of conflicts. The Court will also look to which parent is better suited to encourage & foster an appropriate relationship between child or children & other parent. In highly charged divorce matters, this is not always easy.

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