What factors do New Jersey courts consider in custody cases?

The listed factors

The factors are: the parents’ ability to agree, communicate and cooperate in matters relating to the child; their willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the child’s relationship with parents and siblings; the history of domestic violence and child abuse; the safety of the child and the child’s siblings and of either parent from physical abuse by the other; the child’s preference when of sufficient age and capacity to reason; input from a State-licensed mental health professional providing services to the child; the child’s needs; the stability of the home; the quality and continuity of the child’s education; the parents’ fitness, taking into account assessments by court-appointed professionals; the geographical proximity of the homes; the extent and quality of time spent with the child before or after separation; the parents’ employment responsibilities; and the age and number of the children.

A parent shall not be deemed unfit unless the parent’s conduct has a substantial adverse effect on the child.

Findings and agreements

The court shall order any custody arrangement both parents agree to unless it is contrary to the child’s best interests (N.J.S.A. 9:2-4(d)). For any arrangement not agreed to by both parents, it must place on the record the factors that justify it, and if it rules contrary to the child’s expressed preferences, the factors that justify disregarding them (N.J.S.A. 9:2-4(f)).