Determining Child Custody in New Jersey

In general, family courts in New Jersey will consider the following factors when making a custody determination:

• The quality of the relationship of the child with each of his/her parents and siblings
• Each parent’s ability to communicate with one another and work together for the child’s best interests

• Each parent’s willingness to accept court-appointed child custody arrangements
• Any history of either parent’s unwillingness to cooperate with a formal child custody plan or court-appointed custody arrangement
• The general fitness of each parent to care for the child
• The geographical proximity of the parents’ homes or residences
• The age of the children
• The number of children in the home, including children from another marriage or relationship
• The child’s preference, as stated in court, if the child is of a sufficient age and intelligence to make such a decision (for example, if the child is over age 12)
• Any history of domestic violence within the immediate family and particularly if​ perpetrated by either parent
• The general stability of the home environment
• The needs of the child (such as unique, documented emotional or medical needs)