NJ CUSTODY LAWS

Written by Steven J. Kaplan, Esq. | January 29, 2023

When analyzing your child custody situation, the starting point is the NJ custody statute, which mandates that in making its decision on custody, a New Jersey Family Court Judge is supposed to consider:

1. The parents' ability to agree, communicate, and cooperate in matters relating to the child.

2. The parents' willingness to accept custody, and any history of unwillingness to allow parenting time.

3. The interaction and relationship of the child with its parents and siblings.

4. The history of domestic violence (if any).

5. The safety of the child and the safety of either parent from physical abuse.

6. The preference of the child when of sufficient age and capacity to reason.

7. The needs of the child.

8. The stability of the home environment offered.

9. The quality and continuity of the child's education.

10. The mental, emotional, and physical fitness of the parents.

11. The geographical proximity of the parents' homes.

12. The extent and quality of the time spent with the child prior to or subsequent to the separation.

13. The parents' employment responsibilities.

14. The age and number of the children.

We settle most of our custody cases by crafting a custom made parenting time arrangement for both parents, with the input of both parents and by consent.

When necessary, because the parties cannot work out a consent arrangement, a trial will take place.

After the trial, the Judge will consider the above factors together with the testimony of the parties in Court and other presented evidence, and the Judge will then decide the custodial terms in a written Court Order.

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In any event, I hope that this article has been helpful to you.

Until next time,

Steve
Steven J. Kaplan, Esq.

Specializing In Divorce
Throughout New Jersey

5 Professional Circle
Colts Neck, NJ. 07722

www.KaplanDivorce.com
(732) 845-9010

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