What to Know about Preserving a Child’s Best Interests In Divorce

Divorce is an inherently difficult and stressful event on its own. However, that stress is exacerbated when there are children involved and the stakes become exponentially higher.

When you’re going through a divorce with a child, you have additional concerns to account for, from the short-term (How will we talk about divorce with them?) to the long-term (How will parenting time work? How will we handle holidays? Who’s going to pay for college?).

One issue that underpins all of that: How do we make decisions that are in our child’s best interests – which is to say how do my ex and I co-parent?

It’s normal to want what’s best for your child, whether you’re dealing with a divorce or not. However, a child’s “best interests” have specific legal connotations that must be considered in child custody and child support cases.

Understanding the ‘best interests’ standard

Let’s start with the basics: What does “best interests” mean? It’s not just a feel-good phrase—the “best interests” standard is a legal benchmark that courts use as a guide when making decisions that involve a child.

Courts are required by law to put a child’s best interests above all other considerations. Practically speaking, this means that even if co-parents come to an agreement via mediation, the court has an obligation to consider whether those terms serve a child’s welfare independently.

While a court will generally defer to parents who are able to reach an agreement on custody and parenting time aspects of their divorce (which is where the benefits of mediation and a cooperative approach are realized), judges always have an obligation to ensure those terms safeguard a child’s well-being..

What happens when parents disagree about their child’s best interests?

When parents disagree about child custody and support issues, the court steps in as the ultimate decision-maker, weighing various factors that help outline the best course of action for the child.

Because of the complexity of these decisions—and the importance of protecting a child’s welfare—courts often turn to expert testimony from professionals like child psychologists, therapists, or court-appointed guardians ad litem who investigate and assess a family’s dynamic, interview family members and relevant collateral contacts, and provide objective recommendations.

That said, what is considered in a child’s best interests can vary from family to family. Because of this, courts consider a wide range of factors that contribute to a child’s overall well-being, safety, and healthy development based on statutory and case law.

Factors considered when determining a child’s best interests

When the court reviews child custody and child support cases, they examine several issues to decide what will preserve a child’s best interests.

While there is some overlap, the factors considered for child support and custody differ. Here’s a breakdown of the factors for each:

Child custody factors

New Jersey courts consider the following factors when determining the best interests of a child in custody matters:

The parents’ ability to agree, communicate, and cooperate regarding the child
The parents’ willingness to accept the determined child custody arrangements
The interaction and relationship of the child with parents and siblings
History of domestic violence
The safety of the child and either parent from physical abuse by the other parent
Needs of the child
Stability of home environment
Quality and continuity of child’s education
Fitness of parents
Geographical proximity of parents’ homes
Extent and quality of time spent with child both before and after separation
Parents’ employment responsibilities
Age and number of children
Preference of child of sufficient age and capacity
Any other relevant factors speaking to the arrangement that will best promote a child’s needs

It’s important to note that a child’s preference (while not determinative) may factor into decisions if the court deems they are older and sufficiently mature to voice an opinion.

However, a child’s preference and all the other factors are considered. No one factor is most important in determining a child’s best interests. All the information above is considered in the context of a family’s unique situation.

Child support factors

Child support is meant to provide for the child’s physical, emotional, and financial well-being. Reliable financial support ensures a child has everything they need to thrive, from basics like food and shelter to emotional security through consistent routines, extracurricular activities, and stable healthcare.

The courts use several factors to determine child support amounts, including the individual incomes of both parents, the time (generally measured in the context of overnights) the child spends with each parent, and the child’s needs as well as any extraordinary expenses incident to your case. Child support is ultimately meant to maintain the child’s standard of living, enable them to enjoy the success or good fortune of each parent, provide for their needs, and protect them to the fairest extent possible from the potential financial stress of their parents’ separation in transitioning from one household to two.

New Jersey uses the income shares model to calculate child support. The calculations themselves are designed to come up with a child support amount that reflects a child’s best interests by considering financial factors like:

Combined weekly gross income of both parents
Number of children
Number of overnights provided to each parent
Health insurance premiums paid by each parent
Cost of work-related childcare paid by each parent
Any state or government benefit provided to the child (e.g., Social Security benefits)
Other child support paid
Alimony either paid or received
Age of the child (guidelines are modified upwards by 14.9% for children over 12 years old when first establishing child support)
Income received by a child (whether in the form of earnings or government benefits)

It’s important to note that these factors are distinct from the ones dealing with custody issues – which are more comprehensive and focus on the child’s overall well-being and best interests in terms of their living situation and relationship with both parents.

In contrast, the applicable factors for child support are based on calculations plugged into a program known as the Child Support Guidelines – which is formulaic and thereby not subject to the interpretive process judges use to decide residential custody or parenting time.

Consult with a New Jersey divorce attorney

As with every aspect of divorce, no two custody cases are the same. Every family is unique, and yours deserves personalized legal solutions safeguarding your child while respecting parental needs and wishes.

At Dughi, Hewit & Domalewski, our family law team is focused on empowering our clients through the complexities of divorce and custody issues. We know the stakes are high, and we’re committed to creating a comprehensive custody arrangement that prioritizes your child’s best interests.

Contact Us Today!