One of the most contentious issues in a divorce is child custody. In the event a couple cannot agree on a child custody arrangement, the decision will fall into the court’s lap. In New Jersey, to determine a child custody agreement, the court will evaluate several factors such as the relationship between the child and each parent, the safety of the child, the fitness of the parents, and the child’s needs. Many parents wonder whether their child can express their parental preferences regarding custody and whether it could impact a custody determination. Follow along to learn whether a child’s parental preference regarding custody can impact a custody determination and how one of our seasoned Monmouth County Child Custody Attorneys can help you.
Does the court consider a child’s parental preference regarding custody in New Jersey?
In New Jersey, alongside several other factors, the court will take into account a child’s parental preferences regarding custody. However, the court is not obligated to grant custody based on a child’s wishes. Ultimately, the primary factor considered by the court when determining custody is what is in the child’s best interest. The court’s primary concern is protecting a child’s physical, emotional, and mental well-being. In New Jersey, the court can consider a child’s parental preference regarding custody if they are at least 14 years old. This is because the court finds younger children may not be able to make independent decisions. Often, one parent may try to manipulate or coerce a child into expressing they want to live with one parent over the other. The court will investigate a child’s expression of parental preference to determine whether they have been manipulated into choosing one parent over the other. If it is found that there has been no manipulation, a child’s parental preference could have a significant impact on a custody determination. Older children’s expression of parental preference carries more weight in custody determinations because it is believed that they can make independent decisions.
Furthermore, for the most part, the court will often try to grant joint custody. This is because the court finds it is in a child’s best interests to have relationships with both parents. However, in some cases, this is not in the child’s best interest. For instance, if a child expresses they want to live with one parent rather than the other because one parent allows them to underage drink, it is not appropriate to consider a child’s parental preference as it is an unsafe environment for them. If a child has valid reasoning for wanting to live with one parent rather than the other, their parental preference could be taken into account. In the end, a child’s parental preference regarding custody is just one factor among the many the court evaluates to determine a custody agreement.
If you are seeking sole or joint custody of your child, please don’t hesitate to get in touch with one of our trusted and determined attorneys. Our firm is committed to helping our clients understand the process of child custody in New Jersey. Allow our firm to help you today!
