How does the court decide in a contested custody case?
In New Jersey, a court must make a decision regarding child custody based on the best interests of the child. The court considers a variety of factors, such as the parents’ ability to provide a stable home environment and ability to support the child’s needs, the child’s relationship with each parent, and the child’s age, health, and relationship with siblings and other family members. In a contested custody case, the court will typically hear testimony and review evidence from both sides in order to make a decision. The court may also review a custody evaluation, where a professional conducts an in-depth, neutral investigation to recommend a custody arrangement that is in the best interest of the child. The court may also order psychological evaluations, where a mental health professional interviews the parties involved and witnesses in order to make recommendations on custody and parenting time. The court may also interview the child, depending on their age and maturity, to gain insight into their preferences. It is important to note that just because a child expresses a preference against a parent during the interview does not mean the court will automatically grant the other parent full custody. The court will take the child’s preference into consideration, but ultimately, its decision is based on the child’s best interest.
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