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How Does a Judge Determine Child Custody?

Divorce often brings about terrible stress upon a family. The new family dynamic often brings about a question of where the children will live. Many times, parents want full custody due to a contentious relationship with their spouse rather than what is best for the children.

How Custody Is Determined

Issues of child custody are often contested. In New Jersey, a judge will determine what living situation serves the best interest of the children. A judge will look at a number of factors to determine what custody situation is the most suitable:

  • The income of both parents

  • Career obligations

  • Parents ability to cooperate regarding custody issues

  • Interaction with children and other family members

  • History of physical abuse

  • Home stability

  • The overall fitness of the parent

  • The geographical proximity of parent home

  • Age and number of children

Other Considerations in a Custody Case

While a judge will consider a variety of factors to determine your fitness as a parent, they will also listen to the testimony of the children. This could be the determining factor as to whether you are granted custody.

Additionally, the court will also take a good strong look at your behavior. During your testimony, your own behavior could play a role in how the judge rules. It is advisable to stay away from as much vitriol as possible; Stick to the facts. When parents make unfounded accusations against the other, it never bodes well.

Also, if a parent is being taken back to court because they violate a previous order, they could very well lose custody. You must stick with that order to the letter.

Need Help with Your Case?

A child custody case can be a complicated and challenging process, but you don’t have to go through it alone. At DeTommaso Law Group, we have many years of experience in handling child custody cases. We will ensure you and your child’s rights are protected through every step of the process.

If you need more information about custody laws in New Jersey, call DeTommasso Law Group today at (908) 274-3028.

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