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Judicial Appointments
Most newly appointed judges are first assigned to the family courts. Judges are apppointed for initial terms of seven (7) years. At the end of the seven years, there
is a hearing of sorts by the Senate Judiciary Committee to decide if they get tenure.
New Jersey Law Journal does a survey periodically which rates the judges in New Jersey.
The lawyers of the state rate the judges.
When a judge has its hearing, their ratings in the New Jersey Law Journal are taken into
consideration. The Governor makes the final decision.
Senate Judiciary Committee information,
| Judiciary Committee |
Adler, John H. - Chair Girgenti, John A. - Vice-Chair Cardinale, Gerald Gill, Nia H. Kean, Thomas H. Kyrillos, Joseph M. Martin, Robert J. Sarlo, Paul A. Scutari, Nicholas P. Smith, Bob Weinberg, Loretta
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The Factors That New Jersey Takes Into Consideration When Deciding
Custody
N.J.S. A- 9:2-4. The Legislature finds and declares that it is
in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the
parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the
rights and responsibilities of child rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter
an order which may include:
a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall
include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively
with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the
parents in making major decisions regarding the child's health, education and general welfare;
b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or
c. Any other custody arrangement as the court may determine to be in the best interests of the child.
In making an award of custody, the court shall consider but not be limited to the following factors:
1) the parents' ability to agree, communicate
and cooperate in matters relating to the child;
2) the parents' willingness to accept
custody and any history of unwillingness to allow parenting time not based on substantiated abuse; 3) the interaction and
relationship of the child with its parents and siblings; the history of domestic violence, if any;
4) the safety of the child and the safety
of either parent from physical abuse by the other parent;
5) the preference of the child when of sufficient
age and capacity to reason so as to form an intelligent decision;
6) the needs of the child; the stability
of the home environment offered; the quality and continuity of the child's education;
7) the fitness of the parents; the geographical
proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation;
8) the parents' employment responsibilities;
and the age and number of the children.
A parent shall not be deemed unfit unless the parents' conduct has a
substantial adverse effect on the child.
The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the
minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the
attorney and to assess that cost between the parties to the litigation.
d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests
of the child.
e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody
plan which the court shall consider in awarding custody.
f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.
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