Best Interest of the Child

If you are going through a divorce in the state of New Jersey, one of your main priorities is likely your children, and how you will be able to spend time with them following your divorce. Many important factors go into a child custody arrangement, but courts will always look to see if the “best interest of the child” is taken into account in any kind of arrangement determined by two parents. This standard is inherently subjective, but courts attempt to ensure that the child’s emotional, physical, education, spiritual, and overall health are taken into account as these difficult decisions are made. Learn more about what courts take into consideration regarding the “best interest of the child.” Contact our New Jersey child custody attorney.

Different Factors Considered by the Court

The “best interest of the child” always defaults to an attempt to give both physical and legal custody to both parents. Courts want to encourage the relationship a child has with both of his or her parents, and ensure that the child receives as much love and support as possible. There are several factors that go into the determination made by the court with respect to the best interest of a child. Some of those may include the following:

• Do both parents work together well regarding custody arrangements? Is one parent making it difficult for the other parent to see the child?
• Do both parents behave reasonably with respect to their children?
• Are the parents both currently honoring the parenting schedule in place? Is one parent failing to adhere to the arrangement?
• Does one parent offer a more stable environment regarding emotional or physical health, safety, education, etc?
• Do the parents live close to each other? Does it make sense to have the child go between both houses in one week, or would it make better sense to have the child in one house one week, and in another house the next week to better enable security and stability?
• Do both parents have a stable history of mental, physical, and emotional well-being and fitness?
• What are the typical routines of the child? How best are those served regarding a parenting plan?
• Where is the child currently registered for school?
• Does the child have any special needs?
• Does either parent have any history of violence, sexual or physical abuse or any other felony?
• Has either parent ever lied to the court?
• Does the child have a preference in regard to custody arrangements?
• Have the parents attempted to shield their children from the ongoing matters of the divorce in order to create better stability?
• Is there any indication that the child’s best interest would be better served by being only with one parent?

Contact an Experienced Divorce Attorney

This list is not completely exhaustive; however, it is clear that the court is attempting to ensure that both parents have a legal right to the child in order to ensure that the child’s best interests are met both physically and emotionally. If you are planning on a divorce, contact an experienced New Jersey divorce attorney at the law firm of Giro Law at 201-690-1642. We can help work with you to create a child custody arrangement that truly is in the best interest of your child.