How New Jersey Courts Determine Custody in Complex Divorce Cases

When parents go through a divorce, one of the most important questions to answer is who will have custody of the children. In New Jersey, courts handle custody decisions with great care, especially in cases that involve more challenging factors. These complex cases can include situations where one parent lives in a different state, cases with allegations of abuse or neglect, or situations where each parent has very different ideas about how to raise their children. In such cases, New Jersey courts consider many different elements to determine which custody arrangement is in the child’s best interest. Knowing what the court will focus on can help parents understand what to expect and how to prepare for these decisions. At, Tanya L. Freeman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

10 Best Tanya Freeman
10 Best Tanya Freeman

Best Interests of the Child Standard

In all custody decisions, New Jersey courts focus on what is best for the child above all else. This concept is known as the “best interests of the child” standard, and it is the main guideline the court follows. The court carefully looks at many aspects of the child’s life and each parent’s situation to decide which arrangement will support the child’s happiness, safety, and healthy development. Courts believe that children do best when they have a strong relationship with both parents, so they aim to allow each parent to have a meaningful role in the child’s life. However, in complex divorce cases, the court has to balance this goal with any unique challenges that may affect the child’s well-being.

Evaluating Each Parent’s Ability to Care for the Child

One of the first things the court examines is each parent’s ability to care for the child on a daily basis. This includes each parent’s ability to provide a safe, stable home environment, which is essential for the child’s physical and emotional needs. The court looks at whether each parent can provide proper food, shelter, medical care, and education. If one parent has a job that requires frequent travel or very long hours, for example, this may affect their ability to provide daily care, and the court will consider how that impacts the child. In complex cases, such as those involving special needs children, the court may look closely at whether each parent has the skills and knowledge to handle the child’s particular needs.

Tanya Freeman

Tanya L. Freeman, Attorney at Law

Managing Partner of the Family Law Practice at Callagy Law

More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience.

Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey.

Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."

History of Each Parent’s Relationship with the Child

The court also considers the history of each parent’s relationship with the child. If one parent has been more involved in the child’s daily life, such as handling school activities, medical appointments, and bedtime routines, this involvement may play a significant role in the court’s decision. The court looks at whether one parent has been the primary caregiver and how strong the bond is between each parent and the child. A history of close involvement can show the court that a parent has a deep understanding of the child’s needs, routines, and personality. In cases where one parent has had limited contact with the child, the court may evaluate why that happened and whether it was due to work, distance, or other factors.

Assessing Communication and Cooperation Between Parents

In complex custody cases, courts assess how well parents can communicate and cooperate with each other regarding the child’s needs. New Jersey courts prefer to create custody arrangements that allow both parents to stay involved in the child’s life, but this is only possible if the parents can work together in a respectful way. The court looks at whether each parent is willing to share important information about the child’s health, school, and activities, and if they can make decisions together when necessary. When there is a high level of conflict between parents, the court may decide that a joint custody arrangement is not suitable, especially if one parent consistently disagrees or creates tension that affects the child’s well-being.

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Evaluating the Child’s Preferences

If the child is old enough and mature enough, the court may consider the child’s own preferences regarding custody. In New Jersey, there is no specific age when a child’s opinion is automatically considered, but older children are more likely to have their wishes taken into account. However, the child’s preference is only one factor and does not decide the outcome. The court listens carefully to the child’s wishes but also considers whether these wishes are influenced by one parent or by other factors that may not be in the child’s best interest. In complex cases, such as those involving family conflicts or accusations of one parent being unfit, the court may be cautious in weighing the child’s stated preferences.

Considering Mental and Physical Health of Each Parent

The mental and physical health of each parent is an important factor in custody decisions. New Jersey courts take into account any health issues that could affect a parent’s ability to care for their child. If a parent has a physical condition that limits their mobility or ability to engage in daily activities, the court considers how this might impact the child’s needs. Mental health is also evaluated, especially if a parent has a history of mental health issues that could interfere with their parenting. In complex cases, such as those with allegations of substance abuse, the court often requires clear proof and may even order evaluations to understand how these issues might affect the child’s safety and well-being.

Stability and Continuity for the Child

New Jersey courts aim to provide stability and continuity for children, especially during times of change such as a divorce. Courts believe that maintaining familiar routines, school attendance, and connections with friends and extended family members can help children adjust to new custody arrangements. The court looks at which parent can offer the most stable environment, and in complex cases, this can be a major factor. If one parent is planning to move to a different city or state, for example, the court will weigh how this change could impact the child’s sense of security and connection to their community. Stability is especially important in cases where the child has experienced a lot of upheaval already, such as witnessing conflict between parents.

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Examining Past Behavior and Conduct of Each Parent

In cases where past behavior is a concern, New Jersey courts examine each parent’s conduct carefully. If one parent has a history of abusive behavior, substance abuse, or neglect, this can heavily influence the court’s custody decision. The court considers any past actions that might indicate a threat to the child’s physical or emotional safety. When there are accusations of harm, the court requires evidence, and in some situations, a parent’s behavior is assessed through evaluations by professionals. Courts prioritize the safety of the child above all else, so a history of harmful behavior may lead to restrictions or supervised visitation for the parent involved.

Impact of Each Parent’s Work Schedule and Lifestyle

In complex divorce cases, New Jersey courts also consider the impact of each parent’s work schedule and lifestyle on their ability to parent. The court looks at how a parent’s job or lifestyle might affect their availability to care for the child. For instance, if a parent works night shifts or has an unpredictable schedule, this might complicate their ability to follow a regular routine for the child. Additionally, the court examines the lifestyles of each parent, especially if one parent is involved in activities that could negatively affect the child, such as excessive travel or high-risk hobbies. The court aims to provide the child with a balanced, consistent environment where their needs come first.

Role of Custody Evaluators in Complex Cases

In some complex custody cases, New Jersey courts may appoint custody evaluators to provide an in-depth assessment of each parent’s situation and the family dynamics. Custody evaluators are professionals who conduct interviews with both parents and the child, observe parent-child interactions, and may gather information from teachers, doctors, or family friends to form a complete picture. These evaluations help the court understand each parent’s strengths and any concerns that may impact the child’s welfare. While the court considers these evaluations, they are not the sole factor in custody decisions. Evaluations are used as part of the larger picture to help the court determine the best arrangement for the child’s unique situation.

Parental Relocation and Its Effect on Custody

In cases where one parent wants to relocate with the child, New Jersey courts carefully consider how the move will impact custody. Relocation cases can be challenging, as they often involve one parent wanting to move for a job, family support, or other reasons, while the other parent wishes to keep their child nearby. The court must consider the distance of the move, the reasons for it, and how it might affect the child’s relationship with the other parent. If the relocation is likely to disrupt the child’s stability or reduce their time with the other parent, the court may deny the request. However, if the move benefits the child’s overall well-being, the court may allow it with adjustments to the custody arrangement to keep both parents involved.

Parental Cooperation and Modification of Custody Orders

Even after a custody order is established, changes in circumstances may lead to modifications. New Jersey courts allow custody orders to be modified when there is a significant change that impacts the child. For example, if a parent’s work schedule changes, or if a parent relocates, the custody arrangement may need to be adjusted to fit the child’s needs. However, the court requires strong evidence that a change is necessary and that it will benefit the child. In complex cases, modifications may also be requested if one parent believes the existing arrangement is not meeting the child’s needs due to shifts in the parents’ or child’s circumstances. Cooperation between parents can make these transitions smoother and minimize stress for the child.

If you are going through a complex divorce case and need guidance on custody matters, reach out to Tanya L. Freeman, Attorney at Law. Our team is here to help you protect your rights and work towards the best possible arrangement for your child. Call us today for a consultation to discuss how we can support you in your custody case.

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