Does the Key to Your Custody Case Lie in Renting or Owning in New Jersey?

Parents may worry that renting an apartment, condo, or smaller house, as opposed to buying a home, could affect their custody and parenting time.

The entire family experiences many changes during a divorce. Living arrangements are undoubtedly one of the most significant concerns. The parent’s financial circumstances may shift enough that the family home is sold, and each parent has to find alternative housing.  Another more common scenario is when one parent stays in the family home and the other lives elsewhere. The question weighing on one or both parents may be: should I rent a house or apartment or is buying a house advantageous for my custody case?

While having suitable housing is important in child custody cases, the court’s primary focus is on the child’s overall well-being and the quality of their relationship with their parents. The primary focus of child custody decisions in New Jersey is the best interests standard, which highlights the child’s safety, stability, and overall well-being.  Each parent’s ability to provide a stable, nurturing environment is paramount.  The willingness to co-parent and work with the other party can make a difference.  A parent’s fitness is demonstrated by a willingness to foster a healthy relationship with the co-parent.  By providing an atmosphere of cooperation and mutual respect, the child’s mental and emotional health will be protected.

Is Housing Important in Custody Determinations in New Jersey?

Providing a Suitable Living Space for Your Child is Paramount

The court prioritizes the child’s safe, stable, and appropriate living environment.  Owning a home isn’t a prerequisite for custody, as renting and owning can provide suitable housing.  The court seeks a space that meets the child’s specific needs.  For example, if the father lives in the family home but rents several rooms to strangers to cover expenses, that may not be an ideal living situation even when it is the only home the child has known.  An apartment may seem cramped compared to a large house, but a parent’s attitude toward the change can make a big difference.  The quality and stability of the home are the main focus.

The courts look for a residence with a living space that is adequate for a child’s needs.  According to NJ Code 3A:53-4.4, a child must have their own bedroom.  Up to 4 children can share one room, but no one can share a bed.  Bunk beds are fine, but only those with one upper tier.  Other than infants, children should not share a bed with an adult. All beds must have clean bedding and a waterproof mattress cover.  Only children ages 5 and under can share a room with members of the opposite gender and cannot share a room with children older than 5.  The bedroom must have access to natural light and have one or more windows pointing to the outside for ventilation, and each child should have a place to store their clothes and belongings, such as a dresser, closet, or something similar. Sleeping areas cannot be put in unfinished attics or basements.

A rented or owned dwelling can easily meet those specifications.  Children should also have access to nutritious food, weather-appropriate clothing, and a safe place to play.  A small yard, living room, porch, or patio with space to move around in can be considered adequate.  Frequent trips to the park or an indoor play space to supplement the child’s activities are also options for smaller spaces.

Location Matters: How Proximity To School and Community Impacts Custody Decisions

Divorce brings a multitude of changes for the whole family.  Children find those changes less complicated when they can continue going to the same school with the teachers and friends they are familiar with.  Living close to their school allows them to participate in extracurricular activities and not miss out on social events such as sleepovers and birthday parties.  Providing children with the opportunity to maintain a sense of normalcy in some aspects of their lives can give them the stability they require to adjust to the changes at home.

The courts encourage divorced parents to make an effort to live in proximity to the school and community their children attend. Whether a house is owned or rented, frequent moves can disrupt a child’s routine and sense of stability. Children are often said to be resilient and will adapt to any changes. Still, too much change can send them into an emotional downward spiral that can affect their academic and emotional well-being.

Financial Stability Over Homeownership or Renting When Determining Custody

Owning a home can be more financially stable than renting one. You probably have equity, which you can use for financial emergencies.  A home provides a sense of permanence and economic stability as long as you are able to keep up with the mortgage payments. Moreover, living in a family home may give children more comfort as they are familiar with their surroundings and have many good memories.

However, that doesn’t mean that renting is a bad idea.  Approximately 36% of Americans rent. It allows you to adjust to a single-person budget, making the necessary changes to keep yourself financially sound.  Since a down payment is not required, you can begin to save for a new home.  You won’t have to pay taxes or make repairs on a rental property, but your rent could increase annually, and you won’t build equity.

Demonstrating Your Capability to Provide a Stable Environment for Your Child while Renting or Owning in NJ

Whether you choose to rent or own, your children need stability.  They crave a loving, nurturing environment where they feel safe.  It is important that they have their own space to play and rest, but the relationship they have with their parents is a thousand times more important.  Divorce changes everyone and can bring on some big feelings.  Children need to be heard and reassured that although some things have changed, they will always be the priority for both parents. Helping with homework, movie nights, board games, and honest conversations about their fears will help them adjust to the changes after divorce far more than whether you rent or own your home.

Discover the Indispensable Role of Lawyer at Bronzino Law Firm when Navigating Housing Challenges in Your Custody Case

At the Bronzino Law Firm, our skilled family law attorneys will work to demonstrate to the court how granting you custody will serve your child’s emotional, physical, and educational needs.  Child custody law in New Jersey is complex and requires careful and strategic planning.  We can provide additional resources, such as expert testimony, to buttress your custody case. By hiring us, you are on course to defend your rights and those of your child as you seek custody. We know how to resolve custody disputes through mediation, negotiation, or litigation. Our custody lawyers’ experience provides you with the outstanding representation you deserve while addressing your unique concerns.

We proudly serve clients in Belmar, Bradley Beach, Point Pleasant, Lavallette, Ocean Township, Long Branch, Manchester, Bradley Beach, and elsewhere in Monmouth and Ocean County. Whether your co-parent is on board with a parenting plan or is opposed, whatever your circumstances, we are ready to work for you. If you have questions or concerns regarding the impacts of buying versus renting in your child custody case, call us today at (732) 812-3102 to speak with a member of our team or contact us online.