Legal Question in Family Law in New Jersey
NJ custody laws
If a family gets divorced and some of the children are above the age of 14, is it true that they can choose whom they will live with between the mother and father? Is there a law that determines this?
3 Answers from Attorneys
Re: NJ custody laws
In a custody hearing the closer to eighteen years of age a child is the more importance is attached to his preference as to which parent he will live with.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: NJ custody laws
That's true most of the time. Unless the other side can show why that parent is not suitable, i.e. abuse, criminal record, etc., the Judge isn't going to go against the child's wishes. Visitation isn't a different story however, unless the child wants nothing to do with the other parent. As the losing side, you'll have to pay child support and the amount of visitation you get will lessen the amount you have to pay.
Re: NJ custody laws
The rules on how the Judge decides who gets custody are different for older kids, and the kids' preference is much more important as they get older. you should have a lawyer to answer this question in detail for you for your particular situation. if your attorney is not answering the question, get another attorney. if you do not have an attorney, shame on you, you are being foolish. get a decent lawyer immediately. today.
good luck to you.