What Are the Best Interests of the Child in Custody Cases?

Posted February 27th, 2014 by .

Categories: Family Law.

Newark custody lawyerDuring a divorce, determining which parent gets custody of the children can be one of the most emotional end of marriage issues. If the separating couple can’t agree on a custody arrangement, the court will divide parental responsibilities based on what it deems the best interests of the child. To protect your parental rights during your divorce case, it’s important to consult a qualified Newark custody lawyer.

According to New Jersey law, judges should assume that children will benefit from “frequent and continuing contact with both parents” after a divorce is final. However, after assessing a variety of factors, it is possible for the judge to reach a custody decision that allocates more rights and responsibilities to one parent over the other.

The judge will evaluate the following to determine a custody arrangement that is in the child’s best interests:

  • Each parent’s physical and mental fitness to care for the child
  • Known hazards to the child’s safety (criminal convictions, history of abuse, or other risks)
  • Child’s relationship with each parent, as well as the extent each parent was responsible for childcare before and during the divorce
  • Child’s ties to family and friends in his or her school or community
  • Employment responsibilities of both parents
  • Distance between the parents’ separate homes after divorce
  • The likelihood of each parent to communicate openly with the other parent and abide by the court’s custody ruling and arrangement
  • The child’s preference, if the judge believes he or she is emotionally mature enough to express an informed opinion

To find out more about how our Newark custody lawyer can help you during your divorce case, please contact the Law Offices of Anthony Carbone, P.C., or call 201-963-6000 today to schedule a free consultation.

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