best interests of the child for new jersey

Following a divorce or separation, New Jersey courts prefer that both parents remain active in their children’s lives. Courts restrict or condition a child’s relationship with a parent only in situations of abuse or neglect (or any other scenario that puts the children in danger).

In making an award of custody, the court may determine custody arrangement in the best interests of the child and shall consider but not be limited to the following factors: NJ Rev Stat § 9:2-4 (2020)

  1. The parents’ ability to agree, communicate and cooperate in matters relating to the child;
  2. The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
  3. The interaction and relationship of the child with its parents and siblings;
  4. The history of domestic violence, if any;
  5. The safety of the child and the safety of either parent from physical abuse by the other parent;
  6. The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child;
  7. The stability of the home environment offered;
  8. The quality and continuity of the child’s education;
  9. The fitness of the parents;
  10. The geographical proximity of the parents’ homes;
  11. The extent and quality of the time spent with the child prior to or subsequent to the separation;
  12. The parents’ employment responsibilities;
  13. The age and number of the children.

A parent will not be considered unsuitable unless and until their actions have a significant negative impact on the kid. The child’s best interests are always the first and most important concern.

Objection to Adoption Factors

In an adoption dispute, New Jersey considers the following considerations to decide the child’s best interests: NJ Rev Stat § 9:3-46 (2020)

  1. Whether a parent has affirmatively assumed the duties of a parent;
  2. The fulfillment of financial obligations for the birth and care of the child;
  3. Demonstration of continued interest in the child;
  4. Demonstration of a genuine effort to maintain communication with the child;
  5. Demonstration of the establishment and maintenance of a place of importance in the child’s life;

Visitation Rights for Grandparents

In line with the Rules of Court, grandparents and siblings of a child who resides in this state may apply to the Superior Court for an order for visitation. It is the applicant’s duty to show, beyond a reasonable doubt, that allowing visitation is in the child’s best interests.

Consider the following considerations when deciding on an application submitted according to this section: NJ Rev Stat § 9:2-7.1 (2020)

  1. The relationship between the child and the applicant;
  2. The relationship between each of the child’s parents or the person with whom the child is residing and the applicant;.
  3. The time which has elapsed since the child last had contact with the applicant;
  4. The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
  5. If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
  6. The good faith of the applicant in filing the application;
  7. Any history of physical, emotional or sexual abuse or neglect by the applicant; and
  8. Any other factor relevant to the best interests of the child.

If the applicant has been a full-time babysitter for the child in the past, this will be prima facie evidence that visitation is in the child’s best interests.

The courts in New Jersey have limited jurisdiction over claims by grandparents against their children’s biological parents. The court cannot overrule a parent’s choice to prohibit grandparent visitation simply because it believes visitation is the right thing to do. 

Without particular evidence of injury to the child, the court cannot interfere with parental authority and privacy.