AVERY & AVERY
Attorneys at Law · Ridgefield, NJ · Est. 1976
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Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

'Best Interests of the Child' in NJ Custody — Factor by Factor

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

NJ custody decisions apply the 14-factor “best interests of the child” analysis at N.J.S.A. 9:2-4. This statute is the spine of every NJ custody dispute, every relocation matter under Bisbing, and every modification application. Understanding the factors in working order is essential for any custody-track litigation.

14-factor walkthrough. Not legal advice. Free consultation: (201) 943-2445.

The 14 Factors

N.J.S.A. 9:2-4 lists:

1. Parents’ Ability to Agree, Communicate, and Cooperate

Parents who can communicate functionally co-parent better. Court weighs evidence of historical communication patterns.

2. Parents’ Willingness to Accept Custody

Both parents’ affirmative engagement is examined. A parent historically uninvolved who suddenly demands joint custody bears a credibility burden.

3. Interaction and Relationship of Child with Parents and Siblings

Quality and depth of bond. Time-spent. Activities engaged in.

4. History of Domestic Violence

Including coercive control under the 2024 amendment.

5. Safety of Child and Either Parent

Independent of any DV history.

6. Child’s Preference

For age-appropriate children. Generally 12+, sometimes lower with demonstrated maturity. Child’s preference is weighed but not dispositive.

7. Needs of the Child

Educational, medical, emotional, developmental.

8. Stability of Home Environments

Continuity, consistency, structure.

9. Quality and Continuity of Education

Schools, extracurricular, social context.

10. Fitness of the Parents

Mental health, substance-abuse history, prior conduct.

11. Geographical Proximity of Homes

Affects parenting-time scheduling and transition costs.

12. Extent of Time-Spent and Quality of Child-Parent

Relationships Before Separation

Pre-separation patterns matter — the parent who was the primary caretaker pre-separation often retains that role.

13. Parents’ Employment Responsibilities

Work schedules, travel, availability.

14. Age and Number of Children

Younger and older children have different needs.

How the Court Applies the Factors

The court weighs the factors in totality. No single factor is dispositive (with limited exceptions for safety / DV). Counsel’s work is to:

  1. Identify the factors that favor the client
  2. Develop the evidentiary record on those factors
  3. Address the unfavorable factors with mitigation evidence
  4. Present the integrated narrative at hearing

Custody Evaluations

In contested matters, the court frequently appoints (or the parties jointly retain) a custody evaluator under R. 5:8 et seq. The evaluator interviews both parents, the child, and collateral witnesses; reviews documents; and produces a written report with recommendations. The court is not bound by the report but typically gives it substantial weight.

Beck and the Joint-Custody Presumption

Beck v. Beck, 86 N.J. 480 (1981) establishes that joint custody is favored where the Beck preconditions are met: parents who can communicate and cooperate, geographical proximity, child’s interests served. Joint custody can mean joint legal custody (decision-making) only or joint physical custody (time-sharing).

Bisbing and Relocation

Bisbing v. Bisbing, 230 N.J. 309 (2017) changed relocation analysis from Baures’ good-cause standard to the same 14-factor best-interests analysis. Relocation cases are now decided on the same factor analysis as initial custody.

What Counsel Does

The Family Part custody-track workflow:

  1. Documentary preservation — communications, photographs, schedules, witness identification
  2. Pendente lite motion practice for temporary parenting time
  3. Custody-evaluation coordination with the evaluator
  4. Witness preparation for both parent and collateral witnesses
  5. Plenary hearing preparation with the 14-factor narrative
  6. Modification practice post-judgment for change of circumstances

Frequently Asked Questions

What age can a child decide?

There is no statutory minimum. Practically, courts give meaningful weight to a 12+ child’s preference; lower ages with demonstrated maturity. Younger children’s preferences are filtered through the court’s broader analysis.

Is joint custody automatic?

No. Beck favors joint custody where the preconditions are met, but the court applies the 14 factors. Joint legal custody is far more common than joint physical custody.

How do I challenge a custody decision later?

Modification under Lepis v. Lepis, 83 N.J. 139 (1980) — substantial change in circumstances triggers a hearing on the 14 factors.

Can grandparents seek custody?

Limited. N.J.S.A. 9:2-7.1 addresses grandparent visitation; custody by non-parents requires extraordinary circumstances under Watkins v. Nelson, 163 N.J. 235 (2000).

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