Child Custody

Horn, Turnbach, & Rybar, LLC

Custody is the single most difficult issue in family matters when litigants cannot reach agreement. Below is a list of the statutory factors that the
Court is obligated to consider which making
determinations of custody. While the law of child custody and parenting time determinations consists of a blend of statues passed by the legislature and signed by the governor, and case law decided by judges, the follow statutory factors are the best place to start in assessing any custody case.

N.J.S.A. 9:2-4c:

1. The parents' ability to agree, communicate and cooperate in matters relating to the
   child.
   
   
2. The parents' willingness to accept custody.
   
   
3. Any history of unwillingness to allow visitation not based on substantiated abuse.
   
   
4. The interaction and relationship of the child with its parents and siblings.
   
   
5. The history of domestic violence, if any.
   
   
6. The safety of the child.
   
   
7. The safety of either parent from physical abuse by the other party.
   
   
8. The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
   
   
9. The needs of the child.
   
   
10. The stability of the home environment offered.
    
    
11. The quality and continuity of the child's education.
    
    
12. The fitness of the parents.
    
    
13. The geographic proximity of the parents' homes.
    
    
14. The extent and quality of the time spent with the child prior to or subsequent to the separation.
    
    
15. The parents' employment responsibilities.
    
    
16. The age and number of the children.