CALL US NOW

973 377-2066

265 Main Street, 2nd Floor, Madison, NJ 07940

CALL US NOW
(973) 377-2066

blog mobile

8 Key Factors Influencing Decisions Made By Judges on Child Custody Cases

Related Practice Areas

Oct 28, 2020

7 Factors Influencing Decisions Made By Judges on Child Custody Cases

Child Custody Decisions Made by Judges

Parents with children facing a separation or divorce most often have to face the most challenging issue, who will be given custody of the child or children?

When parents cannot agree on a custody plan, a child custody lawyer will need to become involved, and a child custody case will be started with the court.

When it comes to child custody cases, there are various factors that the judge will take into account before deciding what type of custody arrangement a parent will have.

If you’re wondering what some of the key factors are that influence a judge’s decision, you’ve come to the right place.

We’re going to fill you in on a few New Jersey child custody laws that a judge will consider, and hopefully, it will help educate and prepare you for your child custody case.

NJ Child Custody Cases: Key Factors That Influence Judge’s Decisions

1. Parents Living Situation and Stability of The Home Environment

When you’re working with a child custody attorney that specializes in family law, one thing that they’re going to talk to you about is your living situation. Your home must be suitable and conducive to raising a child within a stable environment.

If your current situation is not ideal, you may be looking at child custody that is not precisely as you’d like it to be. But, there are ways to fix this; for example, knowing what needs to be improved and fixing it to ensure it’s safe and nurturing for your child or children.

Until your living situation is in order, you’ll have to abide by the parenting time arrangement outlined by the court.

2. Parent-Child Relationship

The relationship a child has with their parents will play a large role in the decision that is made by the judge. A judge will evaluate the relationship that a parent had with their child before and after the separation.

Please note that the relationship and interaction with a sibling can play a part as well.

A parent who has not spent much time with the child or children and now wants to be more involved, the judge will consider this when making their final decision.

3. Ages and Number of Children

The ages and number of children are essential when it comes to deciding child custody. If your children are young, the judge may consider this a factor.

As the children become older, the custody may change based on the needs of the children. This is the time whereby children are becoming more capable of making their own intelligent decisions.

4. Child’s Education

A judge will factor in the continuity and quality of the child’s education and the parent’s home’s geographical proximity.

5. Parents History of Domestic Violence, Criminal Behavior and or Substance Abuse

What is best for the child or children is always a primary consideration in any child custody case. The court will weigh all factors of a parent’s history before deciding.

If a parent is deemed unfit, the court may not award them custody or visitation rights. A parent may be deemed unfit for the following: violent behavior and criminal activities such as acts of domestic violence, substance abuse, and sex offenses.

6. Parents Fitness and Health

A parent’s physical and mental health will play a role in determining if the parent can care for the child or children.

7. Parents Employment Responsibilities

Parents work schedule plays a role in the judge’s decision. This becomes part of the parent’s ability to act in the best interest of the child.

If a parent has long work hours and a busy travel schedule with many work responsibilities, the time spent and the quality of care may not be sufficient. In this case, the courts may consider the age of the child or children.

8. Parents Willingness to Agree and Accept

The parent’s ability to agree, cooperate and communicate in all matters relating to the child or children.

The parent’s willingness to accept the custody agreement set forth regarding parenting time and visitation rights.

You may not think this will have any effect, but when it comes to decisions made by judges,  a parent’s willingness to agree and accept can affect the outcome.

Child Custody Cases: Doing What’s Best for Your Children7 Factors Influencing Decisions Made By Judges on Child Custody Cases

When it comes to child custody cases, you want to ensure that everything you’re doing is to benefit your child. Knowing the factors that a judge will consider is essential to helping you navigate the child custody case proceedings.

The first step to navigating the child custody process is to hire a child custody lawyer. One that has a legal team that has the experience and knowledge to evaluate your situation, put forth a plan of action with the court, so your child custody rights are awarded, and the final agreement is favorable to you.

What are you waiting for? Dalena & Bosch, NJ Family Law Attorneys are waiting for you to contact them to get started on your case today?

We hope that reading this guide, 8 Key Factors Influencing Decisions Made By Judges on Child Custody Cases, has provided you with some valuable knowledge regarding judges’ decisions.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019