Is the Focus on the Parent or the Child in NJ Custody Cases?

How Custody Attorneys Balance Parental Desires with Children's Best Interests in NJ In child custody cases, emotions routinely run high. When your time with, rights to, and relationship with your children is on the line, it’s also a season of great uncertainty. Perhaps you’ve heard that New Jersey courts prioritize the best interests of the child in child custody cases and maybe this has left you wondering whether your lawyer has the same focus and who, if anyone, is prioritizing your rights and desires. Well, rest assured that when you choose to work with a New Jersey child custody lawyer, you are the client and your lawyer’s focus is to advocate for your rights and interests, while still ensuring that your child’s well-being is protected.

While your lawyer is ethnically constrained from advocating for something that is demonstrably harmful to the child, after a careful review of all of the facts in your case, along with knowledge of the relevant law and factors that the court will consider when determining the best interests of the child, Bronzino Law Firm can strategically craft a legal argument to meet the court’s requirements and present your position in the best light. In fact, that’s what we do on a regular basis for clients in Ocean and Monmouth Counties and throughout New Jersey. To learn more about how we can assist with your case, contact us at (732) 812-3102 today.

Guiding Principles that Shape Custody Decisions in New Jersey

In New Jersey, N.J.S.A. 9:2-4 codifies the state’s guiding principle of the best interests of the child in child custody cases. This encompasses the child’s physical, emotional, educational, developmental, and social needs. There are several factors that the court will consider in determining a custody arrangement that supports the best interests of the child including the child’s age, health, education needs, relationship with each parent, and relationship with siblings or other individuals in each home. Depending on the child’s age and maturity, the court may also take the child’s preferences into account when making custody determinations.

The court will consider many factors relating to each parent including the parent’s ability to provide the child with a safe and stable home, their ability to provide for the emotional well-being of the child, any history of domestic abuse, the parent’s involvement in the child’s day to day life, the parent’s employment, the proximity of the parent’s homes and the parent’s willingness to promote a positive relationship between the child and their other parent. If there is any indication that one parent has alienated the child from their other parent, either physically or emotionally, this will be considered against the alienating parent during custody determinations.

What Happens if Parental Desires Clash with the Court’s View of What’s Best for the Child?

Although there is a very clear framework for analyzing the best interests of a child in custody cases, it is not uncommon for tension to arise between what the court views as best for the child and the parent’s desires. For example, if a young child is particularly attached to one parent, that parent may desire to seek sole custody of the child. However, the court may find that joint custody better serves the child’s best interests by allowing the opportunity to foster and maintain a strong relationship with both of their parents.

In other situations, one parent may have a negative view of the other parent’s personality, new partner, or religious beliefs and not wish their child to be around that parent. However, absent evidence that the other parent or their partner are harmful to the child in any way, the court will not agree to keep a child away from one of their parents merely based on the subjective viewpoint of the other parent. In fact, in some cases, expressing opinions against your child having a relationship with their other parents can cause the court to find that you are alienating the child from their parent, which will count against you in a custody determination.

Another example includes when the primary custodial parent or a parent with joint custody wishes to relocate to a new city or state, the court may not allow the move if the other parent does not agree and the move would interfere with their parenting rights and the relationship between the child and the non-moving parent.

Advocating for Parents, Prioritizing Children: Your Custody Lawyer’s Core Responsibilities

Advocating for Parents, Prioritizing Children: Your Custody Lawyer's Core Responsibilities in New JerseyA lawyer’s primary duty is to represent the interests of their client. In every type of case, they must do so within the confines of their ethical obligations. So, while your child custody lawyer is obligated to present the strongest case possible to advocate for your rights and desires in your child custody case, they also cannot advocate for an outcome that would be demonstrably harmful to the child.

Attorneys are officers of the court and are required to uphold the integrity of the legal system through compliance with their ethical obligations. One of these obligations is to not advocate for an outcome that the lawyer knows would be harmful to the child or put the child at risk of harm. Instead, a lawyer has a responsibility to advise their client against any actions that would be harmful to the child.

There are times where the balance between a lawyer’s role as the parent’s advocate and an officer of the court can be delicate. In some cases, the court may appoint a guardian ad litem, a neutral third party lawyer, to represent the child’s interests alone. However, in most custody disputes, what constitutes the best interests of the child is a matter of subjective opinion and the lawyer’s role is to advocate for their client’s perspective on what those best interests are. Different parents may have different parenting styles, lifestyles, views on education, or how to best handle the logistics of coparenting. It is the attorney’s job to represent these viewpoints in the most persuasive manner, supported by legal arguments and evidence in light of the best interests of the child standard.

To do this, a skilled family law attorney will gather all of the relevant evidence in your case about you, the other parent, and your child’s health, education, and other needs. Your lawyer will identify any risks to your child’s safety or stability with the other parent caused by unstable housing situations, domestic violence, or substance abuse. Lawyers can also help the parties to reach mutual compromise and amicable solutions that prioritize the child and minimize conflict. Mediation can be a wonderful alternative to battling out every issue in court and, in fact, many judges will require the parties to participate in mediation to try to come to a mutual agreement.

Connect with a Custody Lawyer who can Advocate for You as a Parent While Prioritizing Your Child’s Best Interest in New Jersey

In New Jersey custody disputes, a lawyer’s primary duty is to advocate for the rights and interests of their client, so long as they do so within their ethical obligations, not to pursue outcomes that would harm the child. By understanding your desires and perspective, the dynamics of your family, and the needs of your child, our team of experienced child custody attorneys at Bronzino Law Firm can guide you through this challenging process and work towards a solution that best supports your relationship with your child. When you enlist our help, you get your own dedicated advocate in the challenging custody landscape. We proudly serve families in Point Pleasant, Belmar, Bradley Beach, Lavallette, Ocean Township, Long Branch, Manchester, Asbury Park, and throughout Southern New Jersey. Call (732) 812-3102 or request a free consultation on our website to connect with one of our attorneys and discuss your unique case.