Child Custody in the Best Interest of the Child
Understanding Custody Determinations and Arrangements
Sep 4, 2009
When New Jersey National Guard Specialist Leydi Mendoza arrived home after her service in Iraq, the 22-year-old mother anticipated readjusting to life in the U.S. in the company of her young daughter. What she didn’t anticipate was a custody battle with the child’s father, who claimed that in the 10 months that Mendoza was gone, she had become a virtual stranger to the 2-year-old child.
The father’s claim that the New Jersey family court should take into consideration Mendoza’s absence is an argument that parents and guardians frequently bring up in child custody cases across the country.
Judicial Consideration in Custody Cases
The standard that the courts use when determining who will get custody of a child is to look at what arrangement is in the best interest of the child. This standard is multi-faceted and takes into consideration who can best meet the child’s physical, emotional, and educational needs for both the short and long term.
The family court judge will look at the following factors:
- The child’s existing relationship with the parents or caregivers.
- The parent or caregivers’ work schedules
- Whether the parents or caregivers anticipate any significant changes in their health or lifestyle while the child is still a minor.
- The parent or carvers’ physical and mental health
- The ability of each parent or caregiver to meet the any special medical, psychological, or educational needs of the child.
The court will also consider the child’s wishes when making a custody determination. If the child is not old enough to articulate his or her opinion in court, the judge may appoint a guardian ad litem to speak on behalf of the child and offer an opinion on what custody arrangement would be in the child’s best interest.
Family courts consider stability and continuity in the child’s life to be a large part of what is in their best interest. Judges try to make custody determinations that will keep the child in the same school and neighborhood and ensure that the child has regular access significant adult in his or her life, such as grandparents and other close relatives.
Family court judges will also look at the parents’ individual lifestyles and consider general factors, such age of the child and the parents, gender, and lifestyle to the extent that they impact the child’s well-being.
Safety and Well-Being of the Child
Family court judges may also consider the state of the physical home environments of both parents as reported by licensed child protective investigator or social worker. The factors that the court will look for include:
- Cleanliness of the home.
- Whether the home has adequate living space for a child to sleep, play, and study.
- Whether the home is equipped with basic safety features such as working smoke detectors, fire extinguishers, locks on doors and windows, and fences around pools and other outdoor hazards.
Building on the best interest standard, family court judges look at custody situations carefully to ensure that the child is not in danger of abuse and neglect. In situations where one parent or caregiver has a criminal history that includes violent crimes, drugs, domestic violence, or if he or she is a registered sex offender, the court will consider these factors when making a custody ruling.
If the judge believes that the child is at risk of abuse or neglect, he or she may request that the family accept voluntary services, such as a family counseling, parenting classes, or in-home crisis intervention services.
Prior to granting full custody, the court may also grant a parent visitation, either supervised or unsupervised, pending completion of the judicial proceeding. Judges may also recommend visitation until the parent has established a relationship with the child and has proven that he or she interacts with the child appropriately, as the court ultimately did in Mendoza’s case.
Although custody hearings can take an emotional toll on all the parties involved, the process is one that that cannot be rushed. The court’s and social worker’s careful assessment of the family’s strengths and needs is crucial to reaching an arrangement that truly serves the child’s best interest.
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