If you and your spouse are divorcing with children, there are numerous considerations the court must take to ensure a child’s overall well-being. Child custody disputes are among the most emotional in divorce proceedings, as valuable parenting time is at stake. When parents cannot reach an agreement, the court will take matters into their own hands. The court will make a judgment based on the child’s “best interests.” Please continue reading to learn more about this legal standard and how our qualified Monmouth County Child Custody Attorneys can help fight for your family.
How Do NJ Courts Determine a Child’s Best Interests?
When parents cannot agree on custody and parenting time, a judge will issue a decision for them. The court must consider the child’s best interests in all New Jersey custody proceedings. This legal standard was crafted to ensure the child’s welfare rather than the desires of the parents. As such, no single factor will solely determine custody. It’s also important to note that the courts generally assume that spending equal time with both parents is in a child’s best interests. However, the court will consider the following factors to adjust parenting time. The following includes but is not limited to the factors the court will consider when determining the child’s best interest.
- The age and number of children
- Each parent’s fitness
- The needs of the children
- The stability of each parent’s home environment
- The geographic proximity of the parents’ homes
- Each parent’s employment responsibilities
- Each parent’s relationship with the child
- The child’s educational needs
- The child’s parental preference (if sufficient age and capacity to form an intelligent decision)
- The ability of the parents to communicate and cooperate to facilitate their child’s relationship with the other parent
- Any history of domestic violence, abuse, neglect, or abandonment
- Any other relevant factors
How Can I Prove I’m the Best Option for My Child?
If the court finds that spending time with one parent is not in a child’s best interest, it will award sole custody. As such, it’s essential to understand what you can do to prove that awarding you custody is in your child’s best interest. New Jersey courts believe that children can benefit from spending time with both of their parents.
To highlight your parenting abilities, you should ensure that you can provide a safe environment for your child. It’s essential to demonstrate that you want to participate in your child’s life actively. Prepare a parenting plan that shows you take your child’s care seriously. It would be best to craft a proposed visitation schedule that is fair for both parents unless there’s a legitimate reason to deny visits. In addition, you should keep track of your parenting time and keep a journal that shows you meet parenting duties.
As you can see, child custody is complex. If you are facing a custody battle, please don’t hesitate to contact a determined attorney from Paone Zaleski & Murphy. Our dedicated legal team is prepared to help you protect your parenting time. Contact our firm today to discuss your case.
