When making custody decisions, New Jersey Judges are required to consider several factors, one of which is the child’s preference. The law has allowed Judges to consider a child’s preference for many years, but a recent change emphasizes the role that children’s wishes can play. For more on the changes to the custody statute, you can check out that blog here.
However, some children are not old enough to have an opinion, or are not mature enough to make a rational and/or well-reasoned decision when it comes to their own custody arrangement. These are important factors, as the Court is to consider the well-reasoned preference of a child who is sufficiently mature to reach such a decision. Some Judges have their own guidelines as far as what age they will consider interviewing a child. Generally, the amount of weight that judges give a child’s opinion about custody or parenting time tends to increase as the child becomes older. Some younger kids may present as more mature and articulate than some older kids, so Judges are given a lot of discretion to make these kinds of decisions.
It is important to note that the child’s opinion is still one of the 14 factors that Judges are required to consider in making decisions about custody and parenting time. However, if a Judge makes a custody ruling that is contrary to what the child wants, then the Judge must explain which factors overrode that desire and why the child’s preference was not ultimately the outcome.
An experienced family law attorney can help parents navigate the evolving landscape of child custody.