The court's determination of which parent, relative or other adult should hold legal responsibility for a minor under the age of 18. The policy of the state of New Jersey is to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody of the minor. (New Jersey Statutes: Title 9, Section: 2-4)
A child custody determination made by a court of this State that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this State or notified in accordance with section 8 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. (New Jersey Statutes: Title 2A, Section: 34-58)
In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include: a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare; b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or c. Any other custody arrangement as the court may determine to be in the best interests of the child. (New Jersey Statutes: Title 9, Section: 2-4)
In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. (New Jersey Statutes: Title 9, Section: 2-4)
