When courts consider arguments for child custody, the parent’s interests and needs are not the top priority. Instead, the judge wants to do what is in the best interest of the child. This means that the custody agreement has to be made with their health and happiness in mind. Our Morris County, NJ child custody attorneys can help you argue that your desired custody arrangement is in the best interest of your children.
What Does a Court Consider When Determining the Best Interest of the Child?
The court can look at a few different factors when it tries to figure out what kind of custody arrangement would be in the best interest of the child. Important considerations include:
- The health of both parents
- Any special needs of the child
- The current relationships between the child and each parent
- The child’s relationship to extended family members, like grandparents
- How a custody agreement would impact schooling, extracurricular activities, and other aspects of a child’s life
- Any history of abuse or domestic violence
- The child’s preference, if they are 12 years of age or older
The older the child is, the more likely it is that their opinion about which parent they want to stay with will carry significant weight. However, the court is unlikely to be convinced if the child’s reasoning is frivolous. “I have my own room and space at dad’s house.” is a good reason for preferring one parent’s custody. “Mom allows me to stay up late and eat more snacks.” is not.
How Can I Show That My Getting Custody Is In the Best Interest of the Child?
You should show that you can offer your child a stable home. If you have struggled with issues that could make the court doubt your parenting ability, like drug or alcohol addiction, showing what steps you have taken to become a more reliable parent is key. You have to make it clear that you are valuing your child’s happiness, security, development, and health above everything else.
What Are the Kinds of Custody?
When custody is awarded, you can get physical custody, legal custody, or both. Legal custody allows you to weigh in on major decisions about your child, like the religion they are raised in and what medical care they receive. Physical custody is when your child lives in your home with you. In many cases, one parent has the children most of the time and the kids visit the other parent’s home on certain days or weekends.
Meet With Our Legal Team
When you are going through a divorce, you need someone who can help you look out for the best interests of your family. Contact Townsend, Tomaio & Newmark to schedule your consultation with our team. We can tell you more about what an experienced attorney can do to assist you.
