Arons & Solomon Divorce Lawyers | October 21, 2025 | Child Custody In Bergen County, NJ
During a child custody dispute, you may be wondering about the significance of your child’s preference, how much weight their opinion holds, and the age at which their views are considered. This blog post explores the weight given to a child’s preference in New Jersey child custody cases.
New Jersey’s Child Custody Laws and Public Policy
New Jersey law states that the public policy of the state is to ensure that minor children have frequent and continuing contact with both parents after parents have separated or gotten divorced.
It also states that it is in the public interest to encourage parents to share the rights and responsibilities of parenting to effect this policy. As such, the court may be more inclined to grant joint custody in New Jersey than in other states without such a public policy.
When a Child’s Preferences Are Considered
The child’s preference is a relevant factor in determining child custody matters when the child is “of sufficient age and capacity to reason so as to form an intelligent decision.”
Your Child’s Age and Maturity Matter
There is no specific age under New Jersey law at which a child must be for their preference to be considered in a child custody case. Still, the older the child is, the more likely it is that the court will consider the child’s preference.
Other Factors That Play a Role in Child Custody Disputes
Your child’s preference is only one factor in a child custody evaluation. The court will consider all other relevant factors to determine what is in your child’s best interests, including:
- Your and your ex’s ability to agree, communicate, and cooperate in matters relating to your child
- Your and your ex’s willingness to accept custody
- Any history of either parent not allowing parenting time, not due to substantiated abuse
- The child’s needs
- Each parent’s fitness
- The child’s relationship with each parent and their siblings
- The child’s safety and the parents’ safety from physical abuse by the other parent
- The stability of the home environment that each parent is offering
- The extent and quality of time each parent spent with the child before or after the separation
- Each parent’s employment responsibilities
- The quality and continuity of the child’s education
- Any history of domestic violence
- The age and number of the children
- The closeness of the parents’ homes to each other
The court can also consider why your child prefers to live with one parent over the other and investigate if a parent is unduly influencing the child.
Tips for Dealing With the Factor of a Child’s Preferences
Here are some tips to navigate the child’s preference factor:
- Encourage open communication: Ask your child to share and be honest about their preference. This can help provide critical insight during this process.
- Don’t pressure your child: Avoid adding to your child’s stress during this already challenging time. Let them talk about their concerns, preferences, and thoughts freely without making them feel guilty.
- Try not to take it personally: Even if your child says they want to live with the other parent, try not to take it personally. It may not have much to do with you. For example, they might want to stay with the other parent to be close to friends.
- Work together: When possible, work with the other parent to establish a positive co-parenting relationship where you both feel supported in your parenting roles.
If you need assistance from a legal professional, don’t hesitate to reach out to us.
Contact Arons & Solomon Divorce Lawyers for a Confidential Consultation With a Bergen County Child Custody Lawyer
If you and the other parent disagree on child custody, Arons & Solomon Divorce Lawyers can answer your questions about how your child’s preferences will factor into your New Jersey child custody case. We can guide you through the legal process and provide you with the legal advocacy your family deserves.
Contact us today for a free case review at (201) 487-1199 with a Bergen County child custody lawyer.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States