Custody battles can be emotionally charged and complex. Family courts prioritize the well-being of the child when making custody decisions. In New Jersey, one factor that courts can consider is a child’s preference to live with one parent or the other. However, that preference must be weighed against other factors, such as the parents’ fitness, the stability of the home environment, the child’s special needs and the past relationship of each parent to the child.

For a child’s wishes to be considered by the court, a New Jersey statute requires that the child be “of sufficient age and capacity to reason so as to form an intelligent decision.” There is no minimum age set by law for meeting this criterion. Some family law attorneys follow an unwritten rule that a child must be at least 14, but courts have given strong credence to the wishes of children as young as 12 when deciding on custody and visitation.

These are some of the issues that a court may consider in deciding on the weight to be given to a teenaged child’s preferences:

• Age and maturity — Courts recognize that older teenagers generally possess a greater capacity to form well-reasoned opinions about their living arrangements. This stands in contrast to younger children, who may be unduly influenced by superficial concerns such as one parent’s strictness and the other’s leniency.
• Stability and consistency — The court will consider how a custody and visitation arrangement aligns with the child's need for a stable environment, which can be even more critical during the mid-teen years.
• Parental relationships — A teenager's relationship with each parent is another significant factor. Courts may take measures to ensure that the child has the opportunity to maintain meaningful connections with both parents unless there are extenuating circumstances.
• Educational and extracurricular considerations — The impact of a custody arrangement on a teenager's education and extracurricular pursuits is highly relevant. Courts may examine how each parent supports the child's academic and extracurricular interests.

Other factors, such as the mental and physical health of each parent and their ability to provide a stable and nurturing environment, will also be taken into account.

In general, the older the child, the greater his or her say in the custody and visitation arrangements. Requests for modification of these arrangements are often granted in recognition of a child’s evolving abilities for self-reliance and exercise of common sense. The court’s overarching principle is to protect the child's best interests until they reach the age of majority.

The Law Offices of Kelli M. Martone in Haddon Heights represents southern New Jersey clients in all aspects of child custody and visitation. For an appointment, please call 856-432-4587 or contact me online.