Divorce can be incredibly challenging for the couple at the center of the separation. However, it’s important to understand that this can be equally as upsetting for the children stuck in the middle of a divorcing couple. It’s imperative to understand that the courts decide child custody using something called the child’s best interest standard. The following blog explores this standard in further detail and explains why it’s in your best interest to connect with a Somerset County child custody lawyer who can fight for the best outcome for your family.
What Is “the Child’s Best Interest?”
The child’s best interest is a standard used by the courts to determine child custody. Essentially, this ensures that the courts prioritize the health, happiness, and safety of the child above all other factors, including the wishes and desires of the parents.
In many instances, the courts believe that fostering a relationship with both parents is in the best interest of the child, so in New Jersey, the courts begin each decision under the assumption that each parent will have equal custody. However, as the courts examine a number of factors, this can shift depending on what is best for the child.
How Is This Determined?
In order to determine the best interest of the child in custody matters, the courts in New Jersey will consider several factors. This includes, but is by no means limited to the following:
- The age and health of each parent
- The income of each parent
- Each parent’s job demands
- Who the child’s primary care take was prior to the divorce
- If there is a history of substance abuse by either parent
- Any allegations of abuse or neglect
- Where each parent resides in proximity to the child’s school and extracurriculars
- If the child has any specialized needs and each parent’s ability to meet those needs
- If the child is old enough, their preference regarding where they live
The courts also have the discretion to take any other factors they deem relevant into consideration when determining a custody decision based on the best interest of the child.
What Should I Do if I Need Help With a Custody Matter?
If you are going through a divorce and are worried about the custody outcome, it’s in your best interest to connect with an experienced attorney. Unfortunately, custody matters can bring out the worst in people, so taking the steps to protect yourself and fight for the best interest of your child is critical.
At the Siragusa Law Firm, we understand how complex these matters can be, which is why we are determined to fight for you and your family. If you’re going through a divorce and are nervous about the outcome of the child custody decision, our team can help. Connect with us today to learn more.
