Custody battles are challenging, complex, and emotionally charged. Both parties usually want to be able to see their children. Although custody is decided based on the best interests of the child, what happens when the child has his or her own preference? In New Jersey, does a child’s preference impact a custody decision? Let’s discuss what the Courts consider when deciding custody.
Key Takeaways
- New Jersey prioritizes the child’s well-being in custody decisions, considering factors like safety, relationships, and more.
- While a child’s preference is considered, its weight depends on age, maturity, and reasoning, with Courts being cautious of manipulation.
- Younger children’s preferences have less weight, while teenagers’ preferences are more influential, with Courts being cautious of coercion.
- Courts scrutinize for signs of parental alienation, seeking to protect the child’s relationship with both parents.
What Does The Best Interest of The Child Mean?
“The best interest of the child” is a legal standard used in family law and child custody cases to guide decisions regarding custody, visitation, and other matters related to the welfare of children. It emphasizes making decisions that prioritize the well-being and welfare of the child above all other considerations. Courts weigh various factors when deciding the best interest of the child during a divorce proceeding.
Key factors considered when determining the best interest of the child may include:
- Health and Safety: Ensuring the child’s physical and emotional health and safety is paramount.
- Emotional and Developmental Needs: Considering the child’s emotional and developmental needs, including stability, continuity of relationships, and any special needs or circumstances.
- Parenting Capacity: Evaluating each parent’s ability to provide care, support, and a nurturing environment for the child.
- Relationship with Parents and Other Family Members: Promoting and maintaining meaningful relationships with both parents and, if appropriate, other family members such as siblings or grandparents.
- Child’s Wishes (Depending on Age): Taking into account the child’s preferences or wishes, particularly as her or she matures and is able to express his or her own views.
- Educational and Social Needs: Addressing the child’s educational, social, and extracurricular needs, including access to schools, activities, and community resources.
- Cultural and Religious Considerations: Acknowledging and respecting the child’s cultural background, religious beliefs, and heritage.
- Stability and Continuity: Striving to maintain stability and continuity in the child’s living arrangements and routines to minimize disruption and stress.
- Any History of Abuse or Neglect: Assessing any history of abuse or neglect and prioritizing the safety and well-being of the child in such cases.
How Much Weight Does a Child’s Preference Hold?
How Much Weight Does a Child’s Preference Hold?
In the list above, you can see that a child’s wishes do matter, but that all depends on age and capacity for logical thought. Furthermore, a child’s preference is not the sole determining factor in the custody arrangement. The weight of the child’s preference depends on age and maturity, as well as the reasons the child gives for his or her preference.
Often, New Jersey Courts will appoint what is known as a guardian ad litem, or a child’s legal representative, to discuss the child’s preferences. The guardian ad litem will not only question the child but also interview the parents, research the family, and then provide the Court with a thorough analysis and what he or she thinks would be in the best interests of the child.
Child’s Age and Maturity
Let’s discuss how age and maturity come into play. Yound children are going to have a more difficult time expressing their needs and wants, and they might not understand the implications their choices will have. Therefore, a younger child saying that he or she wants to go with one parent over the other won’t have as much weight as a more mature child. Typically, New Jersey Courts see the preferences of teenagers and young adults as more influential. That said, the Court will continue to scrutinize the choices made by children to ensure their preferences are not being made through manipulation or force.
Is Parental Alienation at Play?
Parental alienation can potentially be at play when considering a child’s preferences for child custody, especially if there are signs that the child’s preferences have been unduly influenced or manipulated by one parent to the detriment of the other parent-child relationship. Parental alienation occurs when one parent undermines the child’s relationship with the other parent through various tactics, such as disparaging remarks, false allegations, or manipulation of the child’s emotions.
In cases of parental alienation, a child’s expressed preference for one parent over the other may not accurately reflect the child’s true feelings and desires but rather the result of manipulation or pressure from the alienating parent. It’s essential for Courts to carefully evaluate the circumstances surrounding the child’s expressed preferences, considering factors such as the child’s age, maturity, and the presence of any coercive behavior or undue influence from either parent.
Courts may enlist the help of mental health professionals, such as child psychologists or custody evaluators, to assess the situation and determine whether parental alienation is occurring. If parental alienation is identified, the court may take steps to address it, such as ordering counseling for the child and family, imposing restrictions on the alienating parent’s behavior, or modifying custody arrangements to protect the child’s relationship with both parents.
Contact a Divorce Lawyer in New Jersey Today
Child custody can be a battle, and it is not uncommon for the child (or children) to have developed his or her own preferences. Although New Jersey Courts do make their ruling based on the best interest of the child, they will consider what the child wants if that child is mature enough. If you are currently going through divorce proceedings and are concerned about child custody, then it is highly recommended that you secure a New Jersey divorce attorney as soon as you can. Not only will a legal representative help you demystify the process, but your lawyer will support you the entire way.
Ziegler Law Group, LLC provides compassionate guidance every step of the way. Give us a call today at 973-533-1100 or by filling out the online form to schedule your free consultation.
