Few moments are more difficult than receiving an unfavorable custody or parenting time decision in court. Many parents leave the courtroom feeling not only disappointed by the outcome but also confused and dismissed because the judge offered little to no explanation for a life-altering ruling. You are left asking, “Why?”

Under New Jersey law, you are entitled to an answer. Judges are not permitted to simply announce a custody arrangement. They have a strict legal duty to make detailed findings of fact and explain precisely how those facts led to their decision. When a judge fails to do this, it is more than just frustrating—it is a significant legal error that may provide strong grounds for an appeal.

The Judge’s Obligation: New Jersey’s Fact-Finding Requirement

The foundation for a proper custody decision is transparency. New Jersey Court Rule 1:7-4(a) requires a judge to “find the facts and state conclusions of law” on every contested issue. The purpose is twofold: it ensures the decision is fair and rational, and it creates a clear record for an appellate court to review.

In custody and parenting time cases, this rule works directly with N.J.S.A. 9:2-4, the statute that lists the mandatory “best interests of the child” factors. A judge cannot simply say a decision is in the child’s best interests; they must conduct an analysis of each factor on the record, including:

• 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 parenting time 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.
• The age and number of the children.

A judge’s failure to perform this analysis and explain the reasoning is not a minor oversight. It is a failure to follow a core command of New Jersey family law.

How Do I Know if the Judge Made a Reversible Error?

A reversible error occurs when the trial court's decision-making process is so flawed that it cannot be considered reliable. In this context, the error arises when the court:

• Fails to analyze the N.J.S.A. 9:2-4 factors one by one.
• Issues a conclusory ruling, such as “custody is awarded to Parent A in the child’s best interests,” without connecting that outcome to the evidence and the statutory framework.
• Ignores critical evidence, like an expert report or key testimony, without explaining why that evidence was discounted.

New Jersey’s appellate courts have consistently reversed and remanded decisions for this exact reason:

In D.A. v. R.C., 438 N.J. Super. 431 (App. Div. 2014), the Appellate Division sent a custody case back to the trial court because the judge “failed to place on the record an analysis of the statutory factors.” Without those findings, meaningful appellate review was impossible.

Similarly, in A.J. v. R.J., 461 N.J. Super. 173 (App. Div. 2019), the appellate court reversed and remanded after the trial judge applied the wrong legal standard and failed to analyze the statutory factors. The court emphasized that such omissions constitute reversible error, requiring a new decision that fully addresses each factor.

These precedents confirm a simple rule: a custody order without a detailed explanation is a legally deficient order.

What This Means for You

• Your Frustration May Signal a Legal Error: That feeling that the judge “did not listen” or “ignored the facts” is often the first sign of a failure to make proper findings. An appellate attorney is trained to read the trial transcript and determine if your intuition points to a recognized, reversible error.
• An Appeal Is Not a New Trial: You cannot introduce new evidence or re-argue the entire case. The appeal is a focused review of the trial record to determine if the judge made a significant legal mistake, such as failing to explain the decision as required by law.
• The Clock Is Ticking: You have a strict 45-day deadline from the date a final order is entered to file a Notice of Appeal. It is critical to contact appellate counsel immediately to preserve your rights and allow adequate time to evaluate the case.
• The Remedy Is Often a Remand: When an appellate court finds that a judge failed to make adequate findings, the most common remedy is to “remand” the case. This means the case is sent back to the trial judge with instructions to properly analyze the factors and issue a new, fully explained decision.

Conclusion: A Decision Without an Explanation Is Not a Final Answer

If you left court with a custody or parenting time order that lacks a clear and thorough explanation, you have the right to demand one. New Jersey law holds trial courts to a high standard of transparency to ensure that decisions impacting your child are reasoned, fair, and grounded in the law. A judge’s failure to meet that standard is not the end of your case; it is the beginning of a potential appeal.

The opportunity to challenge an unlawful order is time-sensitive. With an appellate attorney who focuses exclusively on this area of law, you can ensure the trial court is held accountable to the standards New Jersey law demands—and protect your rights as a parent.

Contact our New Jersey appellate team today for a confidential consultation. Whether you are a parent seeking clarity or a trial attorney seeking a trusted appellate partner, we will assess the trial court’s findings and help you determine the strongest path forward.