CSG Law Alert: The Recent Changes to Child Custody Legislation in New Jersey – Giving Your Child A Voice
While the best interest of a child may still be a consideration for a court in making awards of custody and time sharing, there is new legislation in New Jersey that elevates a child’s preference in contested proceedings in terms of importance above other factors. You may be thinking – how can I have my child’s voice heard without placing my child in the middle of a dispute? Below are some tools that may be available to you throughout your custody proceeding and are intended to ensure that a child’s voice may be heard.
- Custody Evaluator (CE): A CE is a neutral, third party, generally a specialized psychologist or psychiatrist who may be requested to conduct a custody evaluation. During the evaluation, the expert will generally conduct psychological testing, interview both parents, interview the child, and sometimes, also interview third parties who may be critical to assess a child’s best interest and/or preferences. Third parties may include teachers, guidance counselors and therapists. The Custody Evaluator will generally issue a report and recommendations and generally opines as to custody.
- Appointment of a Guardian Ad Litem: Courts may appoint a Guardian Ad Litem, a neutral, third party (usually an attorney), to conduct an investigation and issue a report to be submitted to the court, and/or counsel as to the current circumstances, which may include the Guardian Ad Litem observations of a child’s preferences. During the Guardian’s investigation, the Guardian Ad Litem, like a custody evaluator, may interview both parents and third parties. Unlike a custody evaluator, however, the Guardian Ad Litem will not conduct psychological testing.
- In-Camera Interviews: The courts may speak with your child privately, in chambers and outside of the courtroom (in-camera). During an in-camera interview, a child will go to the courthouse to meet one-on-one with the judge and will be able to speak to the judge and voice his or her opinion in an informal setting.
- Individual Therapy: While the new legislation prevents the courts from ordering therapy absent consent or findings that therapy is scientifically valued and effective, the courts will allow input from a licensed mental health professional providing individual therapy for a specific child. As such, if a child is already participating in therapy, or if the parents consent to a child’s participation in therapy, a child’s therapist may be able to relay a child’s preferences to the court.
For more guidance and in-depth answers to all your questions regarding contested custody proceedings, please contact the Family Law Group at CSG Law.