As your custody case rapidly approaches, you may know the outcome you desire versus what your child’s other parent is planning to fight for. But in the midst of all this chaos, you may forget to stop and think about what your child might want. After all, this is a pivotal decision that affects them directly. With that in mind, please read on to discover how much your child’s preferences will matter to the judge and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can serve as your and your child’s advocate during this very difficult time in your family’s lives.
How much weight does my child’s preferences carry in a custody case?
First of all, unlike most states, New Jersey family law does not recognize a specific age at which a judge hearing a custody case will automatically consider a child’s preferences. Rather, a judge may interpret a child’s maturity level and decide how much weight their opinion carries from there.
Generally speaking, though, a judge’s consideration is more likely amongst older teenagers. This is because they may be better able to articulate their reasoning behind the decision they landed on. With that, they may fully understand the implications of the child custody arrangement they are proposing.
At the end of the day, a judge may take seriously a mature child who has expressed a concrete preference backed up by evidence. For example, if a child expresses that they wish to finish high school in the same school district, so they prefer to stay with the parent who will continue to reside in the family home.
On the other hand, though, a judge may be able to pick up on a child’s expressed preferences stemming from one parent’s undue pressure. This is because they may interview a child privately in their chambers, rather than in an open court in their parents’ presence, so they may feel more inclined to take their stance openly and honestly.
What are the other factors that carry weight in a custody case?
To reiterate, a child’s preference is one of the many factors a custody judge will consider, if they consider it at all, before reaching their final decision. This is because their primary goal is to enforce an arrangement that works in the child’s best interest. And sometimes, what the child wants is different than what they need. So, the other factors that carry weight are as follows:
- The child’s physical safety in each parent’s home environment.
- The child’s emotional well-being under each parent’s supervision.
- The child’s pre-existing relationship dynamic with each parent.
- The child’s special needs and how well each parent can meet them.
At McNerney & McAuliffe, we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow a competent Bergen County family law attorney to represent you in your upcoming case.