When facing a child custody case in New Jersey, you’ll quickly learn that the ‘best interests’ standard is the guiding principle in any decision. For instance, if you and your ex-spouse disagree about where your child should live, the court won’t simply side with the parent who makes the most money.
Courts won’t just look at which parent has the bigger house or fancier car. Instead, they’ll consider various factors that affect your child’s overall well-being. This standard shapes courts’ decisions about your child’s welfare, such as living arrangements and parenting time.
Factors that make up the best interests standard
When determining what’s best for your child, here are some common elements that judges consider:
- How well you and your former spouse can work together as parents
- Your child’s relationship with siblings and other family members
- Your child’s comfort level in their current home, school and community
- Any history of domestic violence or abuse
- Your child’s wishes (if they’re old enough to express them)
- Each parent’s capacity to provide a nurturing and stable home environment
- The overall physical health and emotional well-being of everyone involved in the case
- Each parent’s work schedule and childcare plans
The judge will weigh these factors based on your family’s specific situation. The goal is always to create an arrangement that gives your child the best chance to thrive, even as your family structure changes.
How it can affect your case
When it comes to decisions about custody arrangements or visitation schedules, if you’re in court and a judge needs to weigh in, they will apply the best interests standard.
If you want your child to stay with you, the court will consider whether that would be in the child’s best interests or yours. How does your work schedule impact your ability to provide consistent care? Can you demonstrate a willingness to foster a positive relationship between your child and your former spouse?
That is what the ‘best interests’ standard is all about. It pushes you to think beyond what you want and focus on what truly benefits the child, including practical considerations like work schedules and the ability to maintain healthy family relationships.