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  • Determining Child Custody in New Jersey
    •  
    •   Thursday, November 16 2017, 09:15 PM

    In New Jersey, as in most other states, divorcing parents are encouraged to engage in gentle negotiations and — eventually — come to an out-of-court agreement on a custody arrangement that is sensible to both parents and children.Generally speaking, New Jersey courts will enforce the custody arrangement agreed to by the parents, so long as the arrangement does not conflict in any way with the best interests of the child.

    Of course, there are many situations in which divorcing parents simply cannot come to a final agreement on how to split custody.In such cases, a New Jersey family court will generally order the divorcing parents to engage in further mediation, and will — if mediation fails — then decide on a custody arrangement that is in the best interests of the child, on the basis of various child custody factors.

    If you are divorcing your spouse and are interested in negotiating an amicable custody arrangement, or if custody negotiations have already failed and you have to litigate the issue in family court, it's important to consult with an experienced New Jersey child custody attorney.Your attorney will work with you to navigate the difficulties of the child custody process and will advocate persuasively on your behalf.

    It can be difficult to understand how a court makes a decision on child custody.Let's take a look at some of the basics, for a clearer picture of how it all works.

    Best Interests of the Child

    In New Jersey, the best interest standard is applied to all child custody determinations.The court must determine — above all else — whether the custody determination will promote the best interests of the child.This is the primary consideration.If the custody arrangement does not promote the best interests of the child, then it can be challenged accordingly.

    New Jersey courts generally begin with the presumption that shared custody and frequent, continuous parental contact are both in the best interests of the child.With sufficient evidence otherwise, however, this presumption may be proven false.

    Child Custody Factors

    What constitutes the "best interests" of a child is a rather nebulous concept, but as a general rule, it involves the physical and emotional wellbeing of the child — the physical and emotional wellbeing of the child can be further parsed out into a variety of factors.

    For example, if a child custody order would place the child in a living situation where they are physically threatened by a third-party, then the situation would likely not be considered to be in the best interest of the child.

    There are a number of different factors that a court will consider in determining whether the best interests of the child (i.e., their physical and emotional wellbeing) are being promoted.These factors include, but are not necessary limited, to:

    •A given parent's interest in maintaining custody over the child.

    •Evidence of domestic violence.

    •The health of the relationship between the child and other persons involved in the living situation (i.e., other family members, neighbors, etc.).

    •Fitness of each parent, from a physical, mental, and financial perspective.

    •Stability of the living situation.

    •Whether the child's education will be reasonably prioritized in the circumstances.

    •The location of the living situation in relation to the other parent.

    •Age of the child.

    •Whether the child has other siblings.

    •The employment situation for each parent.

    •The preference of the child, if the child is of an appropriate age to make such preferences known, within reason.

    •And more.

    The court will consider these factors holistically, and will come to a determination on custody that maximizes the best interests of the child, given the circumstances. Contact a child custody attorney today for help with your case. ���9�*

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  • Determining Child Custody in New Jersey
    •   General
    •   Wednesday, 04 October 2017
    In New Jersey, as in most other states, divorcing parents are encouraged to engage in gentle negotiations and — eventually — come to an out-of-court agreement on a custody arrangement that is sensible to both parents and children.Generally speaking, New Jersey courts will enforce the custody arrangement agreed to by the parents, so long as the arra...
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