You and your co-parent cannot agree on where the children will live, and a New Jersey judge may end up deciding for you. A contested custody case is long, expensive, and hard on everyone in the house, and the outcome shapes your relationship with your children for years. Knowing what the court actually weighs is the first step toward protecting that relationship.
What NJ courts weigh in a custody dispute
In a custody dispute, both parents typically want what is best for their children, but they may have different ideas about what that means. Each parent may feel better equipped to provide for the child's needs, creating a conflict that can be difficult to resolve. If the parents cannot reach an agreement before the court date, the court will consider the following factors when making a custody determination:
- The ability of the parents to communicate, cooperate, and agree concerning the child
- The willingness of the parents to accept custody, and any history of unwillingness to allow parenting time that was not based on substance abuse concerns
- The relationship and interaction between the child and the parents and siblings
- The age of the child and the ages of the child's siblings
- The safety of the child
- Any history of domestic violence, and the safety of either parent from physical abuse by the other parent
- The preference of the child, based on the child's age and maturity
- The proximity of the parents' homes
- The stability of the home environment offered
- The quality and continuity of the child's education
- The fitness of both parents
- The extent and quality of time spent with the child by each parent both before and after the parents' separation
- The employment responsibilities of the parents
- The needs of the child