Inside the Room Where It Happens: How New Jersey Judges Interview Children—and Why It May Decide Everything

Child custody disputes are among the most emotionally charged matters handled in New Jersey family courts. In recent years, New Jersey lawmakers have revisited the framework courts use when determining custody and parenting time, resulting in significant amendments to the state’s custody statute under N.J.S.A. 9:2-4. These changes reflect an evolving legal landscape that places an increased emphasis on the child’s preference in custody disputes. 

For parents navigating a custody dispute, understanding the nuances of this statutory amendment is essential. Specifically, the amended statute has made child interviews extremely prevalent, which may have a significant impact on how judges on the way judges will decide custody disputes moving forward. 

What Is an In Camera Interview? 

Child interviews in New Jersey family court involve a private conversation between a judge and a child in a custody matter. In many instances, these interviews can become one of the most influential pieces of evidence in a custody dispute. Although child interviews occur in the judge’s chambers outside the presence of the parents, what is said behind closed doors may dramatically affect where a child lives, how parenting time is structured, and ultimately how the court determines the child’s best interests. 

The purpose of these interviews is to give the court insight into the child’s experiences, emotional

well-being, preferences, and relationship with each parent. These interviews typically occur in the judge’s chambers rather than in open court. Judges often approach these interviews carefully and informally. The goal is to create an environment where the child feels safe enough to speak honestly, without fear of upsetting either parent. 

Importantly, there is no fixed age at which a child may be interviewed. Instead, New Jersey courts evaluate whether the child possesses sufficient maturity and capacity to express reasoned preferences. 

Why the Amended Custody Statute Matters 

The recent amendments to New Jersey’s custody statute have significantly changed how courts view a child’s voice in custody proceedings. 

Previously, a child’s preference was only one factor among many under the “best interests of the child” analysis. Courts retained broad discretion to give that preference little weight, particularly if the judge believed the child had been heavily influenced by one parent. 

Under the amended statute, however, courts are expected to place greater emphasis on the child’s expressed preferences when the child demonstrates sufficient maturity and reasoning ability. More importantly, judges may now be required to provide clearer explanations when rejecting or minimizing a mature child’s stated wishes, requiring them to place their findings on the record during court proceedings. 

For these reasons, what happens during an in-camera interview may now carry more legal weight than ever before. In some cases, a the child’s statements may become the turning point in the  litigation. 

What Judges Are Listening For During Child Interviews 

One of the biggest misconceptions parents have is that the child interview is simply about where the child wants to live. 

In reality, judges are evaluating far more nuanced issues. During these interviews, judges often assess: 

• The child’s emotional state;  

• The quality of each parent-child relationship;  

• Whether the child feels pressure or fear;  

• Signs of coaching or parental alienation;  

• The child’s daily routine and stability;  

• Exposure to conflict between the parents; and  

• Whether the child’s preferences are rational and independently formed.  

For example, a mature teenager explaining concerns about school, emotional safety, or altercations occurring in the household may be viewed very differently from a younger child merely expressing a generalized preference for one household over another. 

Why Preparation Matters for Parents and Children 

Parents should never pressure children before an interview or instruct them what to say. Courts view that behavior extremely negatively. However, preparation still matters 

Children should understand that: 

• They are not deciding the case;  

• They should speak honestly;  

• They will not be punished for their answers; and  

• The judge’s role is to help determine what arrangement is best for them.  

 Conclusion 

Although the amended statute introduces meaningful changes, custody determinations remain highly fact-sensitive. Even with the changes to the custody statute, courts will continue to evaluate each family individually under the totality of the circumstances. 

For parents facing a child custody dispute, early legal guidance is essential. Developing a thoughtful parenting plan, maintaining appropriate communication, and documenting involvement in a child’s life can significantly impact the outcome of a custody case under New Jersey’s evolving legal framework. 

Consulting with an experienced New Jersey family law attorney can help parents navigate the custody process, including in camera interviews, while supporting their child along the way