Is a child’s opinion considered in determining custody?

Child custody matters are some of most emotional parts of any divorce for the entire family. When the family court system in New Jersey has to make a decision on a contested custody matter, they will take a number of different factors into consideration. Some of the aspects that the court will consider include:

  • each parent’s ability to care for the child
  • each parent’s history of substance abuse or domestic violence
  • each parent’s financial situation
  • each parent’s willingness to accept custody
  • the mental and physical health of each parent
  • the relationship between the child and each parent

In some cases, the court will actually take the child’s preference into consideration. Of course, if a young child is saying that they want to live with one of their parents over the other because that one allows them to stay up late, skip school, and watch whatever they want on t.v., the court may use this information and rule in favor of the more responsible parent. However, if the child is old enough and mature enough to make an educated decision for legitimate reasons, the court may allow the child to live with the parent that they would prefer. Each situation is assessed on a case by case basis. If you have questions about child custody matters in New Jersey, contact our firm today.

If you require strong legal representation for matters of divorce and family law, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.