The New York and New Jersey custody lawyers at Rapaport Law Firm have represented clients in custody, visitation, and related matters since 1995. We provide our clients with a thorough understanding of the strategies and options for achieving their goals.
COMPARISON OF NY AND NJ "BEST INTEREST" STANDARDS
New York's Best Interest Factors for Custody CasesWhen judges in New York decide custody, they are required to apply the following factors to determine which custody arrangement will best serve a child's best interests:
- The child's age, sex, and mental and physical health
- The parent's mental and physical health
- The parent's lifestyle
- Any history of child abuse
- The emotional bond between the parent and child
- The parent's ability to provide the child with food, shelter, clothing, and medical care
- The child's regular routine
- The quality of the child's education
- The child's preference, if the child is above a certain age (this is usually around age 12)
- The ability and willingness of the parent to encourage communication and contact between the child and the other parent
New Jersey's Best Interests Standard for Custody Cases
In New Jersey, judges are required to apply the factors set forth in N.J.S.A. § 9:2-4 in determining which custody arrangement best serves a child's best interests. The factors that a judge must consider include:
- 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 visitation not based on substantiated abuse;
- The interactions 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 and capacity to reason so as to form an intelligent decisions.
The matrimonial attorneys at Rapaport Law Firm understand that there is no issue more important than your bond with your child. We work together with psychological professionals and other experts to pursue a strategy designed to achieve our clients' goals. If you are facing a matter involving child custody in New York or New Jersey, you need a lawyer who cares. The attorneys at Rapaport Law Firm have the experience and dedication that you need. Contact us.