Child’s Desires in a Child Custody Case in NJ

One of the most significant issues in many New Jersey divorce cases is that of child custody. There exist many misconceptions about child custody in NJ. One area in which misconceptions exist is in regard to a child’s desire in regard to child custody and parenting time.

New Jersey does permit a judge to consider a child’s wishes when it comes to child custody and parenting time in a divorce, post-divorce, or paternity case. At the outset, it is important to know that considering a child’s wishes ultimately is at a judge’s discretion, within the parameters established by New Jersey law.

If a child is 12 years of age or old, and of an appropriate level of intellectual and emotional maturity, a court can consider that young person’s preferences when it comes to custody and parenting time. A court does not have to follow a child’s preferences. As was noted a moment ago, the ultimate decision regarding child custody and parenting time falls within the discretion of a judge.

Even in a case in which a court considers a child’s wishes in regard to custody and parenting time, the best interests of a child is the overarching standard used by a judge. The best interests of a child standard requires a consideration of the specific facts and circumstances of a case. In other words, a New Jersey court doesn’t utilize a cookie-cutter approach to child custody decision, even when it is taking a child’s desires into consideration.

In addition to potentially considering a child’s desire when it comes to child custody in NJ, other factors a court may take into consideration include:

• Which parent historically has been the primary caretaker of the child
• Interaction of the child with parents and siblings
• Stability of home environment or environments
• Physical, mental, and emotional health of parents
• Parents’ employment responsibilities

Courts utilize a number of different processes or procedures to ascertain a child’s preferences in regard to child custody and parenting time. Some of these processes or procedures include:

• Meeting with a child in chambers to ascertain a child’s custody and parenting time desires
• Including ascertaining a child’s preferences as part of a custody evaluation
• The appointment of a Guardian Ad Litem who will interview the child

A parent can challenge a child’s custody and parenting preferences. Indeed, this occurs with some regularity in divorce and post-divorce cases.

New Jersey courts prefer that parents and children not end up in truly adversarial positions in court. As a consequence, a judge may be inclined to recommend alternative despite resolution options if there is a conflict of this nature, including child custody mediation.

You may wonder whether or not a child can petition to alter an order in a child custody case in NJ. The simple answer to this question is “no.” Technically speaking, a child is not a party with legal standing in a divorce or post-divorce proceeding. In addition, a minor lacks the legal ability to take any kind of legal action on his or her own. An adult must “stand in” for a minor child when it comes to pursuing a court case of some type.

There are less commonplace situations in which a court might appoint a guardian ad litem to represent a child’s interests in a divorce or post-divorce case. If that occurs, a guardian ad litem acts on behalf of a child and might ultimate recommended to the court that some sort of alteration needs to be made to a custody or parenting time arrangement.

If you are facing some type of issue involving child custody in NJ, you best protect your legal rights and interests by retaining the services of an experienced custody lawyer like a member of the legal team at the Law Offices of Peter Van Aulen. You can reach the Law Offices of Peter Van Aulen by telephoning 201-845-7400.