You may have heard that when a child turns 12, they can choose which parent they want to live with. Unfortunately, this is not the case in New Jersey, as there is no age at which a child can dictate the custody outcome. This common misconception can be harmful, so it is best to correct the myth with facts.
New Jersey’s laws on child custody
During child custody disputes, the courts base their decisions on the best interests of the child. A judge can consider a child’s preference based on their maturity, understanding of the situation and the reasons behind their choice.
If your child is a teenager, their preference may have more weight on the outcome compared to when they were younger. However, a judge can still make a decision that does not match your child’s choice, even if it benefits their emotional and mental welfare.
How the judge considers a child’s preference
Child custody is a sensitive matter. Instead of testifying in court, a judge uses these methods to hear your child’s perspective without exposing them to significant stress:
- In camera interview: The judge privately speaks to your child in their office.
- Custody evaluation: The judge appoints a custody evaluator to investigate the matter and interview your child.
These processes aim to prevent your child from having to take sides and allow them to speak without parental pressure.
Guiding your child through a difficult time
The court looks for an arrangement that offers your child the best chance to thrive. But before a judge decides, they must carefully investigate crucial factors.
Divorce can be an emotional and challenging time for families. Your role during this process is to protect your child from stress. Help them understand your family’s current situation without exposing them to marital issues. For concerns about custody disputes, it would be helpful to seek legal advice for a guided discussion.