You and your soon-to-be former spouse may work together and advocate for a specific child custody arrangement. But ultimately, the New Jersey family court handling your case will say that it will make a final ruling that favors your child’s best interests. While you may appreciate the sentiment, you may not necessarily understand what this means for you and your child’s relationship going forward. Well, please read on to discover what “best interest of a child” means in a legal context and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can help fight for your case.
What does “best interest of a child” mean in a family court?
There is no set, standard definition for “best interest of a child.” Each family court may have a different viewpoint on what this means exactly. But generally speaking, it has to do with what custody arrangement would prioritize a child’s physical, mental, and emotional well-being, along with what best meets their developmental needs. In other words, it has little to nothing to do with the parents’ preferences in the matter. However, unless extenuating, extreme circumstances indicate otherwise, the court may generally decide that it is in the child’s best interests to grant a joint custody agreement. This is because it holds that a child should maintain a close relationship with both parents in their post-divorce life.
How can I prove that I can meet my child’s best interests?
Simply put, your parental fitness has everything to do with what the New Jersey family court views as your child’s best interests. This is to say that you must prove to the court handling your divorce case that you are physically, mentally, and emotionally capable of meeting your child’s needs in their upbringing. And, if you wish to fight for sole custody rights, you may have to further argue that your soon-to-be former spouse is unfit to share this parental responsibility. With all that being said, you may best demonstrate this in the following ways:
- You must prove that you have a safe, stable living environment for your child to stay during your anticipated parenting time.
- You must prove that you have the financial funds to support your child’s daily living expenses during your anticipated parenting time.
- You must prove that you have reliable child care arrangements should you have to work during your anticipated parenting time.
- You must prove that you have taken on a significant or majority of child care responsibilities during your marriage with your spouse.
- You must prove that your child is mature enough to express a sincere preference to live with you in their post-divorce life.
If you have made it this far, please do not hesitate to seek further information from a competent Bergen County family law attorney. The team at McNerney & McAuliffe is willing and able to guide you through your future legal processes.