All Family Law FAQ’s | NJ Divorce FAQ’s
Q) Who will get custody of the children?
A) The welfare of minor children is of major concern to the court. Both parents must participate in a mandatory Parents’ Education Program. Property rights and welfare of the adults involved are secondary in the Court’s eyes. Neither parent is entitled to custody of any children automatically. Divorcing parents may come to an agreement by themselves as to custody and parenting time arrangements. If the court decides these matters, the judge must consider many factors that will be discussed in court at a hearing. The factors include the age and sex of the children, compatibility with each parent, ability of the parent to care for the children, the personal conduct of each parent and the preference of the children, who may be interviewed by the court. Courts maintain mediation programs to assist the parties in resolving these issues for themselves. Custody orders may take several forms including sole custody; joint legal and/or joint physical custody; split custody; or any other arrangement which is in the children’s best interest.
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