How does the court system decide who will have primary residence of a child? What factors determine this decision?

Here's the comprehensive answer to your question: When making an award of custody, New Jersey courts consider such factors as: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; 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; the parents' employment responsibilities; and the age and number of the children. Superimposed upon the consideration of these factors is the ultimate determination that the custody decision be guided by the "best-interest-of-the child" standard: The "best-interest-of-the-child" standard is more than a statement of the primary criterion for decision or the factors to be considered; it is an expression of the need to safeguard the interests of the child at the center of a custody dispute.   I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)