How is Child Custody Determined?
Attorney
determined through an exhaustive examination of the totality of the
circumstances to determine the "best interests of the children." In
determining what is in the best interest of the children, a court will
consider many factors, including:
a) the pre-existing custodial arrangement; b) who is the primary
caretaker of the child; c) the historical relationship of the child and
the parents; d) the financial status and ability of each parent to
provide for the child; e) what is the nurturing ability of the parents;
f) who has better judgment; g) the desirability of keeping siblings
together; h) the wishes of the child, if of sufficient age and
maturity; i) the parents' lifestyles, including substance abuse or
chemical addiction of a parent; j) the parents' religion; k) whether a
parent will encourage or discourage visitation; l) continuity of a
stable environment; m) the age of the child; n) a parent's neglect or
abuse of the child; o) the quality of each parents' home environment;
p) the parental guidance each parent provides for the child; q) the
ability of each parent to provide for the child's emotional and
intellectual development; r) the relative fitness of the respective
parents including their mental condition; and s) the length of time the
present custody arrangement has been in effect.
In New Jersey, unless the parties can agree, custody is determined by
the "best interests of the children." In general, in New Jersey, we
have now moved toward a concept of a "parent of primary residence"
(PPR) and a "parent of alternate residence" (PAR), the object being
that the parents in general should be joint custodians of their
children, each with input into the manner in which the children are
being raised with the children having a primary and alternate
residence. However, this recent change in nomenclature does not change
the fact that one party or the other will have the children in their
home more than the other. When this is an issue, and the parties cannot
agree, a study will be undertaken of each of the households and, in
most cases, a neutral party will be appointed by the Court to interview
the parties and perhaps the children, view the households and make
recommendations to the Court.