When families in Cherry Hill go through separation or divorce, the question of child custody and parenting time often turns into the most crucial and sensitive issue during the process. To deliberate this question, New Jersey family courts focus on one central factor: The best interests of the child.
What Does “Best Interests of the Child” Mean?
The “best interests” standard guides all custody decisions in New Jersey: The courts evaluate each family’s circumstances on their own, rather than simply following a one-size-fits-all guideline. This approach allows the court to help foster a stable, safe environment where each child can thrive emotionally, physically, and educationally.
What Do Judges Look for When Deciding Custody?
Medical needs, emotional bonds, and educational continuity all play a role generally, but New Jersey’s custody law specifically lists 14 factors that judges must consider:
- Ability of the Parents to Agree, Communicate, and Cooperate
- Willingness of Each Parent to Accept Custody
- Interaction and Relationship of the Child with Parents and Siblings
- History of Domestic Violence
- Safety of the Child and Either Parent from Physical Abuse by the Other Parent
- Preference of the Child
- Needs of the Child
- Stability of the Home Environment Provided by Each Parent
- Quality and Continuity of the Child’s Education
- Emotional Fitness of the Parents
- Geographical Proximity of Parents’ Homes
- Extent and Quality of Time Spent with the Child Before and After Separation
- Parents’ Employment Responsibilities
- Age and Number of the Children Involved
These and other relevant details allow judges to tailor a plan to what is best for each child.
Does New Jersey Favor One Parent Over the Other?
The law in New Jersey sees both parents as important parts of a child’s life, which means that many judges appoint joint legal custody—where parents share decision-making on health, education, and welfare.
Physical custody arrangements (where the child should live, an issue that is distinct from the decision-making power of legal custody) can vary. A court may split time evenly, but children in New Jersey separations often live primarily with one parent while spending regular, meaningful time with the other.
In cases where co-parenting would not be healthy or safe, such as in cases involving abuse, high conflict, or parental unfitness, the court may order sole custody.
How Do Courts Handle Special Situations?
Sometimes, circumstances change. Parents may want to move, or situations may arise that require modifying the custody or parenting time orders. Courts in New Jersey allow these changes if one or both parents can demonstrate a significant shift in circumstances, but any adjustment must still support the child’s best interests.
Additionally, if one parent can demonstrate alienation or domestic violence on the part of the other, the court will act to protect the safety and emotional health of the child.
Discuss Custody and Parenting Time with the Cherry Hill Divorce Lawyers at Burnham Douglass
Child custody is highly personal, and the right legal support can make a big difference. At Burnham Douglass, your family’s well-being comes first. If you have questions about custody or parenting time, call the Cherry Hill divorce lawyers at Burnham Douglass today at 856-751-5505 or contact us online for a free consultation. Our office locations in Marlton and Northfield, New Jersey, proudly serve clients throughout South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.