
Going through a divorce can be an incredibly overwhelming matter. However, when you add children to the mix, this process can become contentious, especially when the parents cannot agree on a custody outcome. One of the most common questions lawyers are asked during this process is whether or not their child can choose which parent they want to live with. Unfortuantely, the answer is complicated, as there are a number of factors that must be considered. If this represents your circumstances, the following blog explores how custody matters are determined in New Jersey and the importance of working with a Somerset County child custody attorney to discuss your legal options in this matter.
How Is Custody Decided in New Jersey?
When you and your spouse cannot reach an agreement regarding child custody, it will be left up to the court to determine a fair outcome. It’s imperative to understand that above all else, the court will prioritize the health and wellbeing of the child at the center of the divorce. They impose a standard known as the “child’s best interest” in which they ensure that the decision they make will best suit the child.
It’s also necessary to consider that New Jersey starts all custody matters holding the idea that equal custody is in the best interest of the child. However, it’s imperative to understand that there are factors that can influence the court’s decision, as, after review, split parenting time may not be best for the child. These factors include, but are by no means limited to the following:
- The income of each parent
- The age and health of each parent
- The ability and willingness of each parent to provide a safe and stable home
- How many children are involved in the custody decision
- The job demands of each parent
- Where each parent lives in relation to one another and the child’s school/extracurricular
- Who the child’s primary caretaker was before the divorce
- Any allegations of substance abuse or physical abuse/neglect
- Any other factors the court deems relevant to this decision
Can a Child Choose Which Parent to Live With?
In some instances, depending on the maturity of the child, they may be able to discuss their wishes for the outcome of a custody case with the judge. New Jersey, like many states, does not have a set age at which a child is deemed old enough to choose who they wish to live with. Instead, it will vary on a case-by-case basis. For example, an eight-year-old may have a more mature opinion on the situation as compared to an eleven-year-old.
In instances where the court deems a child mature enough to express their wishes and concerns, it’s imperative to understand that the judge must still consider the child’s best interest. If the child’s wishes directly contradict what is in their best interest, the judge is under no obligation to honor what they want in this circumstance. However, if the child has valid concerns, it will be taken into consideration with the other factors, but will not be given more weight in deciding the outcome of a case.
As you can see, there are several considerations that go into making custody decisions in New Jersey. As such, it is in your best interest to connect with an experienced attorney with the Siragusa Law Firm to explore your rights and legal options during these difficult times. Going through a divorce is a complicated process, and having someone to help fight for the best outcome for you and your family is critical. Contact us today to discuss your circumstances with a member of our dedicated legal team.