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New Jersey Child Custody Laws

icon1 Posted by DivorceLine in Child Custody Laws by State on 04 6th, 2026 | no responses

New Jersey Child Custody Laws

Child custody in New Jersey may be awarded to either parent, based on the best interests of the child. In making an award of custody, the New Jersey court shall consider but not be limited to the following New Jersey Child Custody Laws factors:

a) The parents’ ability to agree, communicate and cooperate in matters relating to the child.
b) The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
c) The interaction and relationship of the child with its parents and siblings.
d) 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.
e) The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
f) The needs of the child.
g) The stability of the home environment offered.
h) The quality and continuity of the child’s education.
i) The fitness of the parents.
j) The geographical proximity of the parents’ homes.
k) The extent and quality of the time spent with the child prior to or subsequent to the separation.
l) The parents’ employment responsibilities.
m) The age and number of the children. A parent shall not be deemed unfit unless the parents’ conduct has a substantial adverse effect on the child.

[Based on New Jersey Divorce Statutes 9:2-4]

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