Legal Question in Family Law in New Jersey

Re: Child Custody

Between ages 0 and 7, Judges can opt as to whether to interview children or not. Most opt not to.

From ages 7 and up, either party can request that the child be interviewed, and Judges must grant this request as a matter of right. In those cases, attorneys should provide a list of interview questions to the Judge. The interviews are conducted out of the presence of the parties and their attorneys, but an official transcript must be made available.

Children of the age of 16 or older have an absolute say in whether they agree to leave the State of New Jersey on a removal application by one of their parents.

Since this is statutory law, most Judges carry the rule over by analogy to custody complaints, giving the 16+ year olds quite a bit of say regarding which parent they will be with. Judges are exposed to the dangers of teenage runaways, and understand that these are young adults who must be listened to prior to deciding custody issues. Judges also like to keep children together, because the siblings have an interest in continuing their growing-up years together. Hence, one 16 year old wanting to stay with one parent could well have an effect on a judicial determination as to custody for other younger children.

Please call will any additional questions at 732.603.8585.

Regards, CJR

How old until the child can choose his primary residence?

There is no particular age. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner