When a couple decides to dissolve their marriage and children are involved, they must reach an agreement regarding child custody. If you and your former spouse cannot agree on a custody arrangement, the court will evaluate several factors to determine who gets custody. It is natural for parents to worry about the factors the court will consider when making a custody decision, as it can impact the outcome of your case. A significant concern parents often have is whether their financial stability will prevent them from obtaining custody. Please continue reading to learn how parents’ income and financial stability affect custody decisions. In addition, contact a determined Ocean County Child Custody Attorney who can help you fight for your family.
Can a difference in parents’ income affect a custody decision in New Jersey?
The court uses a “best interest of the child” standard in New Jersey to determine custody. The court recognizes the need to safeguard a child’s emotional, mental, and physical well-being. Therefore, the court will carefully examine various factors to determine which custody arrangement would best benefit a child’s needs. In most cases, the court strives to establish a custody arrangement that enables the child to maintain a relationship with both parents, as it has been proven that being nurtured by both parents is in a child’s best interest. However, this is not possible in some cases, and only one parent will be granted legal or physical custody of the child.
When making a custody decision, the court considers a parent’s income and financial stability as one of several factors. However, the court considers all relevant factors to devise a custody arrangement that best serves the child’s best interests. The following include but are not limited to some of the factors the court will take into consideration when making a custody decision:
- The age of the child
- Whether the child has special needs
- Whether there is any history of abuse or neglect
- Each parent’s emotional state and physical well-being
- Each parent’s ability to meet the children’s needs
- Each parent’s relationship with the child
- Each parent’s willingness to support each other’s relationship with their children
- Each parent’s relationship with their children before the divorce
- Each parent’s living situation
- Each parent’s proximity to the child’s school
- How far apart the parents live from each other
- The child’s parental preference (if they are old enough to express their opinion based on sound reasoning)
As you can see, a parent’s financial stability is just one of the various factors the court will consider when determining a custody arrangement. However, if a parent’s lack of income or financial stability makes it impossible to provide a safe and stable living environment for their child, it will significantly affect the court’s custody decision. The court will not grant custody to a parent who cannot provide a safe living environment that would be a good place for the child to spend a lot of time. If a parent’s financial stability prevents them fprovidingvide a safe living space, the court will not grant the parent custody to protect the child’s best interests.
If you are currently facing a custody battle, you need an experienced attorney from the legal team at the Law Office of Sarina Gianna, LLC, who can help you fight to attain a fair custody arrangement and assist in protecting your child’s best interests.