Thursday, October 8, 2009

Custody and the Best Interest Standard

In matters of child custody, in New Jersey, all things being equal there is an initial presumption in favor of the mother. Although the courts favor equal parenting time, this is often impossible due to proximity of the parties' residences post-divorce, the ability of both parents to find housing suitable for themselves and the children post-divorce, work schedules, and other factors. The presumption in favor of the mother being the parent of primary residence can be overcome if the children in the event that it is in the best interest of the children for the father to be the parent of primary residence. A best interest evaluation may be undertaken including interviewing the parents and children, viewing the residences, and taking into account other factors such as the proximity of relatives who provide assistance in raising the children, ages of the children and attachment to the community, and other factors. If you are involved in a matter involving custody, always remember that the best interest of the children is what will ultimately be the basis of the Court's decision.

For more information on Child Custody in New Jersey visit

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