NJ Statutory Criteria on Child Custody

N.J.S.A.  9:2-4c:

1. The parents' ability to agree, communicate and cooperate in matters relating to the child;
2. The parents' willingness to accept custody;
3. Any history of unwillingness to allow visitation not based on substantiated abuse;
4. The interaction and relationship of the child with its parents and siblings;
5. The history of domestic violence, if any;
6. The safety of the child;
7. The safety of either parent from physical abuse by the other parent;
8. The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
9. The needs of the child;
10. The stability of the home environment offered;
11. The quality and continuity of the child's education;
12. The fitness of the parents;
13. The geographic proximity of the parents' homes;
14. The extent and quality of the time spent with the child prior to or subsequent to the separation;
15. The parents' employment responsibilities;
16. The age and number of the children.

A parent shall not be deemed unfit unless the parents’ conduct has a substantial adverse effect on the child.

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