Losing custody of a child is beyond devastating for a parent. If this has happened to you, you are most likely wondering about your legal options going forward. Please continue reading and speak with our New Jersey family law attorneys to learn more about whether you can win child custody back in New Jersey. Here are some of the questions you may have:
How does child custody work in New Jersey?
To start, you should understand that there are two types of child custody in New Jersey: legal custody and physical custody. Essentially, physical custody deals with where your child will live, while legal custody refers to your parental authority to make certain key life decisions on behalf of your child. For example, if you have legal custody of your child, you have the authority and responsibility for making major decisions regarding the child’s welfare, such as where your child will go to school, the types of medical treatments your child may receive, and the religion your child will practice.
How do courts determine which parent gets child custody?
In making an award of custody, the Court will analyze several factors, some of which include:
- the parents’ ability to agree, communicate and cooperate in matters relating to the child(ren);
- 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(ren) with parents and siblings;
- the history of domestic violence, if any;
- the safety of the child(ren) and the safety of either parent from physical abuse by the other parent;
- the preference of the child(ren) when of sufficient age and capacity to reason so as to form an intelligent decision;
- the needs of the child(ren);
- the stability of the home environment offered;
- the quality and continuity of the child(ren)’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(ren) prior to or subsequent to the separation;
- the parents’ employment responsibilities;
- and the age and number of children.
In addition to these statutory factors, the court must consider and articulate why its custody decision is deemed to be in the child’s best interest.
While joint custody is the preferred arrangement, the Court may determine that it is in your child’s best interests to award his or her other parent with sole custody if you are deemed unfit by the Court.
Can I win custody back?
If you are a parent who was not initially awarded custody of your child, or you subsequently lost visitation or custody rights, there is still hope for the future. Reach out to an experienced family law attorney to discuss your goals to regain custody and the steps you can take to resolve the issues that led to your loss of custody. We are here to help you and give you the best chance of winning back custody. Contact us today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.