When a marriage ends in New Jersey, it can become complicated if one of the spouses does not agree with the outcome. Child custody is one place where a divorce can become extremely sensitive. With two parents fighting for their position as custodial parent, custody proceedings can become very complex.

But if parents can agree, the custody dispute may never head to court. Some couples can come to the realization that joint custody is the right situation for their child. Others may believe that sole custody should be awarded to one parent with visitation rights for the other. If an agreement like this can be reached, the couple can submit it to a custody judge and have it finalized. If no agreement can be reached, an informal settlement negotiation may be the right choice for legally settling the question of custody. Informal settlement negotiations and out-of-court dispute resolution proceedings are designed to determine custody without heading to court.

If these are not viable options and there is no amicable route of determining custody, family court may be the only option. When determining child custody, courts look at several key factors. Observing the age and sex of the child, the mental and physical health of both parents as well as their present state of finances allows courts to make a decision in regards to which parent should receive custody. These are not the only indicators, but they do help to form what the court likes to view as the best interests for the child in question which may change depending on the state that the proceedings are occurring in.

By determining the best interests of the children, the overseeing judge hopes to better the long-term growth and development of their health, happiness and security. Though the outcome of a child custody dispute may feel final to the parents, this is not necessarily the case. Circumstances may arise where the judge will reconsider a previous decision.

Source: ABC Action News, “What to expect in a child custody dispute,” Ed Greenberger, Sept. 28, 2011