When a Child’s Behavior Raises Red Flags: Can It Affect Custody Decisions in New Jersey?

When deciding child custody, the New Jersey courts carefully assess each parent’s ability to provide a safe, stable, and supportive environment for the child. But what happens if a child repeatedly engages in reckless or even criminal behavior? Could the parent responsible for the child’s daily care risk losing custody because of it?

That question is getting fresh attention in light of a new ordinance in Gloucester Township, NJ. Enacted in late July 2025, the “Minors and Parent Responsibility” law holds parents or guardians legally accountable if their child is found guilty of certain offenses—ranging from loitering and curfew violations to serious crimes like assault or drug dealing. Parents can face up to 90 days in jail or a $2,000 fine if their child is found guilty of multiple offenses under the law.

While this law deals with municipal penalties, it raises an important family law question: Could repeated misbehavior by a child influence custody decisions in New Jersey courts?

Let’s a take a deeper look.

When Child Misbehavior Becomes a Custody Factor

In New Jersey, custody decisions are typically not based solely on a child’s behavior, but patterns of misbehavior can still be taken into consideration.

Here are four factors that influence how the courts make decisions in matters in response to troubling or unlawful child behavior.

1. Best Interests of the Child Standard

In every custody case, New Jersey judges must apply the best interests of the child standard. This includes evaluating each parent’s ability to provide structure, guidance, and supervision. If one parent can show that the other has consistently failed to supervise the child, especially if it has led to repeated trouble with the law, that fact may be weighed in determining custody arrangements.

2. Demonstrating Inadequate Supervision

Custody is not automatically taken away because of a child’s bad behavior. However, if there’s a documented history of delinquency linked to one parent’s lack of supervision, the other parent could argue this demonstrates unfitness or inability to meet the child’s needs. For example, if one parent regularly works late nights and the lack of supervision is a factor in why the child is misbehaving, the courts may decide to change the parenting time arrangements so that the child spends nights with the other parent.

The family courts generally want to look closely at the root causes of a child’s conduct. If a judge believes one parent is better equipped to help the child stay on track, that perception can influence custody arrangements as being in the child’s best interests.

3. Court Intervention Without Criminal Findings

You don’t need to wait for your child to be arrested before raising concerns with the courts about their welfare and potential problems with your custody arrangement. Whenever a child’s ongoing misbehavior raises red flags, judges may modify custody or impose additional conditions to protect the child. Criminal charges against parents under ordinances like Gloucester Township’s could strengthen an argument for custody changes in extreme cases, but are not necessary.

4. Age and Circumstances of the Child Matter

Courts understand that teenagers sometimes make poor choices despite a parent’s best efforts and home structure. But when misbehavior becomes chronic and is tied to a parent’s lack of engagement or supervision, judges may see that as a red flag impacting custody decisions.

What Parents Should Know

If your child is in trouble with the law, or you’re involved in a custody dispute where their behavior is under scrutiny, how you respond can make a significant difference. Address issues early by seeking professional help, staying engaged in your child’s daily life, and providing consistent supervision.

Take time for honest self-reflection.

Are you setting clear boundaries?

Could your child’s misbehavior stem from deeper issues, such as lingering anger or sadness over your divorce?

Would joint counseling sessions help rebuild trust and improve communication?

Showing the court that you are actively addressing both the behavior and its root causes can demonstrate that you are meeting your parental responsibilities.

If you’re concerned that your child’s actions, or your co-parent’s lack of involvement, and what this means for your custody rights and arrangements, seek legal advice promptly. The family law attorneys at Weinberger Law Group can help you protect your parental role and create solutions that prioritize your child’s best interests. To schedule an initial consultation with one of our compassionate and highly skilled family law attorneys, please call us today at 888-888-0919, or please click the button below.