Custody decisions are one of the most emotional and complicated aspects of divorce proceedings. During this time, one of the most common questions asked is whether a child can choose which parent they can live with. While the child’s preferences matter, it is not the only deciding factor.
What is the legal standard for child custody?
New Jersey law prioritizes the best interests of a child. This means the court looks at different conditions to ensure the child is in the safest, most stable and most supportive environment. These factors include the parents’ mental stability, the ability to provide a stable home, the child’s relationship to the parents and more.
Can a child’s preference influence the court’s decision?
While the child’s preference holds weight in the decision-making process, it has certain limitations. New Jersey law may consider the preferences of children aged 12 or older. However, although the court may consider their input, it does not control the final decision.
When does a child’s preference matter more?
The child’s age and maturity play a significant role in how much weight the court gives to their opinion. If the child can clearly explain why they chose to live with that parent, the law might consider their desire. However, the court’s decision will still consider the child’s best interest, not just what the child wants.
How does the court listen to the child’s opinion?
Judges may interview the child privately to understand the reasons behind the child’s wishes. It also ensures that the child can speak freely about their feelings and thoughts without any external influences. The process can also help the judge determine whether the child faces pressure from either parent.
Talk to a family law attorney
Every child custody case is unique. If you are dealing with a child custody case, consider talking to an experienced family law attorney. They can guide you through the child custody process and help you understand how your child’s opinion may be heard.