Answer: The principle guiding courts in custody determinations is that the best interests of the children is served. The standard has been described as one that protects the safety, happiness, physical, mental and moral welfare of the child. M.P. v. S.P., 169 N.J. Super. 425 (App. Div. 1979).

There are a number of factors that bear upon the determination of what is in a child's best interest. These factors include, but are not limited to, the following, by the express statutory mandate of N.J.S.A. 9:2-4.

1. The parents' ability to agree, communicate and cooperate in matters relating to the child;
2. The parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse;
3. The interactions and relationship of the child with its parents and siblings;
4. The history of domestic violence, if any;
5. The safety of the child and the safety of either parent from physical abuse by the other parent;
6. The preference of the child when and capacity to reason so as to form an intelligent decisions.