Legal implications of a child's preference in New Jersey custody cases

Understanding Child Preference in New Jersey Custody Cases

In the emotionally charged arena of child custody disputes, the preference of the child is a factor that can significantly influence the outcome. In New Jersey, as in many jurisdictions, the best interests of the child are paramount in determining custody arrangements. While the child's preference is not the sole consideration, it is an important aspect that courts will carefully weigh.

The Best Interests of the Child Standard

New Jersey courts utilize a 'best interests of the child' standard when making custody decisions. This involves a comprehensive analysis of numerous factors outlined in New Jersey Statutes Annotated (N.J.S.A.) 9:2-4(c). The statute stipulates over a dozen factors to be considered, which include the needs of the child, stability of home environment, and the fitness of each parent. One of these factors includes 'the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.'

Age and Maturity Matters

There is no specific age in New Jersey law at which a child's preference must be considered. Instead, courts will evaluate the child on an individual basis to determine if they possess the maturity to express a reasoned preference. Historically, older children's preferences tend to hold more weight than those of younger children due to their higher level of maturity and ability to articulate their feelings and choices.

Examining the Child's Preference

When a court takes a child's preference into account, it does not serve as an automatic determination of custody. Instead, it is one factor among many. For example, in D.W. v. R.W., 212 N.J. Super. 232 (App. Div. 1986), even though the children expressed a desire to live with their father, the court awarded custody to their mother based on all statutory factors taken as a whole.

Additionally, judges are cautious to ensure that a child's preference is genuinely their own and not the result of undue influence or parental alienation by one parent against another.

The Role of Professional Evaluators

In some cases, professional evaluators may be appointed by the court to ascertain the child’s genuine feelings and preferences without parental interference. These professionals conduct interviews and observations and report their findings to the court, which then incorporates these insights into its decision-making process.

Custody Modifications Based on Child Preference

Custody orders are not set in stone and may be modified if there is a substantial change in circumstances affecting the child's welfare. As children grow and circumstances evolve, their preferences may also change over time. New Jersey courts recognize this dynamic nature and can modify custody arrangements accordingly.


In conclusion, while a child's preference is an important factor in New Jersey custody cases, it is balanced against a broader assessment of what serves their best interests. Courts strive to ensure that such preferences are authentic and made with sufficient understanding. While maturity does lend greater weight to a child's wishes, ultimately, it is the holistic picture of what benefits the child that guides judicial decisions in custody matters.