Understanding the Role of Children’s Opinions in New Jersey Child Custody Cases

When it comes to children’s opinions regarding matters like custody and parenting time in New Jersey child custody cases, courts in the Garden State do recognize that there are situations in which the position of children is an important factor in making determinations regarding these issues in divorce proceedings. Keep in mind, however, that the opinions and preferences of children are not the only considerations of courts in New Jersey child custody cases.

Through this article, we provide you with some essential information for your consideration in regard to the preferences and opinions of children in New Jersey child custody cases. We begin this discussion by laying out the general legal framework in regard to children’s preferences and opinions in divorce proceedings.

Legal Framework for Children’s Input in New Jersey Custody Cases

New Jersey courts recognize that children’s preferences can be an important factor in custody determinations, though they are not the sole determining factor. The court must consider the child’s opinion within the broader context of the best interests standard. New Jersey family law requires that decisions made in regard to children in divorce proceedings must be made in accordance with the best interests of the child standard. The best interests of a child are determined on a case-by-case basis considering a variety of factors – including in some instances the preference or opinion of that youngster.

Age and Maturity Considerations

Courts evaluate the weight given to a child’s preferences and opinions based on their age, maturity, and ability to make reasoned decisions. In New Jersey, there is no fixed age requirement (or minimum age that must be reached) for a child’s opinions and preferences to be considered.

Methods of Obtaining Children’s Input

There are different methodologies used by New Jersey courts to gather and assess children’s opinions in custody, parenting time, and other matters during divorce proceedings.  A court might determine that the opinions and preferences of the child be ascertained in what are known as in-camera interviews with judges. In simple terms, this means that a judge discusses the child’s opinions in the judge’s chambers or office.

In other instances, the court might appoint what is known as a guardian ad litem. A guardian ad litem is a third party – usually another lawyer – you represents the interests of the child in regard to matters associated with divorce proceedings in New Jersey.

Protecting Children in the Process

The best interests of the child standard requires a court to implement specific safeguards to protect a child’s emotional well-being during divorce proceedings. Examples of how a court might undertake such protections include:

• Minimizing court appearances
• Imposing certain confidentiality measures
• Protection a child from parental pressure or manipulation
• Engaging mental health professionals in supporting a child during the proceedings

Limitations and Special Circumstances

Finally, when it comes to children’s preferences and opinions in New Jersey child custody cases, there are important limitations and special considerations regarding this type of input which can come into play in some proceedings. Whether there will be limitations or special considerations largely is guided by the best interests of the child standard, which was discussed at the start of this article.

For example, a situation involving special circumstances that might warrant more input from a child (of an appropriate age) is one in which an allegation of some type of abuse has been made in the proceedings. While this type of situation might warrant more input from a child, it will also necessitate certain protection for that child in regard to the manner in which that information will be conveyed to the court.

In addition, another type of circumstance in which input from a child might become more important is one in which an allegation of parental alienation is being made by one of the parents. Once again, in addition to calling for more input from a child, the situation is also likely to warrant special considerations regarding the manner in which the court will receive this input from that child. If you have questions concerning child custody in New Jersey, call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.