Child Custody is never permanent, just as our freedom is never permanent. If grave mistakes are made or in the example of freedom, you commit a crime, you will lose your freedom by going to jail. With regard to child custody, if mistakes are made that hurt the "best interests" of a child, a parent could lose custody of that child. There are many cases where the custodial parent has lost custody to the non-custodial parent in every state in our country. Some examples range from what may seem minor to other examples which are extreme. Some of these include: not taking the child to the doctor on numerous occasions, a child regularly missing school, not obeying court orders, moving out of state without permission/court order, drug use, reckless behavior, child abuse, permitting unsavory company around the children, alienation, ignoring medical advice, jail, avoidable accidents and a child's preference. When I say a child's preference, the courts have seen the custodial parent, who raised the child since birth lose custody at times when the child rebels and keeps leaving to stay at the other parent's home. Never an easy situation and not always reason to permit the child to live in the other home but these are just very broad examples.
Like many states, New Jersey uses what is called the best interests standard when determining custody. When determining a change in custody, the party seeking the change must show a significant change in circumstances to warrant review of the custody situation. Some of the most important cases concerning a change in circumstances and some of the requirements such as having a plenary hearing are in: Sheehan v. Sheehan 1958, (burden of proof of change in circumstances on the party seeking the change. Entress v. Entress 2005 (requirement of a plenary hearing absent emergent circumstances).
In in initial custody determinations, which usually derive from very young children or from divorce cases where child custody is an issue when the parties finally split (one parent moves out). The governing law is N.J.S.A. 9:2-4(c).
Some of the factors that the court must use are:
- Ability of the parents to agree
- Parents willingness to accept custody
- Safety of the Child
- History of Domestic Violence
- Stability of the home environment
- Age and Number of Children
- Employment Responsibilities
