Can I Win Back Child Custody in New Jersey?

When a parent loses custody of their child, they often wonder if they can ever win it back. Please continue reading and reach out to our Bergen County family lawyers to learn more about how child custody works in NJ and how we can help you. Here are some of the questions you may have:

What are the different types of child custody?

In New Jersey, there are two types of child custody: physical custody and legal custody. If a parent has physical custody of their child, it means that the child primarily lives with that parent. While most parents do want to retain physical custody of their children, the truth is, legal custody, in a critical way, is even more important. This is because legal custody gives a parent the right to make, have a say in, and share equally in the decision-making process regarding certain critical decisions on behalf of their child, such as where the child goes to school, healthcare decisions, and decisions regarding the child’s religious upbringing.

What do courts consider when deciding on a custody order?

Courts will consider a wide variety of factors when determining custody, however, above all else, courts consider the “best interests” of the child. Some of the factors courts will consider are as follows:

  • Whether a parent can provide a safe, emotionally supportive living environment for the child
  • Each parent’s work schedule, to the extent it impacts the amount of time the parent can spend with the child
  • The wishes of the child, if they are old enough to state their reasoning
  • The mental and physical health of the child
  • If a parent can adequately provide for the child’s physical needs, emotional wellness, and medical care
  • The living accommodations at each parents’ home, including whether a parent resides in the home where the child was raised
  • The geographic proximity of the parents’ homes
  • Whether a parent has a substance abuse issue, mental health concerns or has exposed the child to an act of domestic violence, abuse, or neglect or has otherwise done something that would call his or her parental fitness into question

Can I win back child custody if I lost it?

If you either were not granted child custody or you lost it because you did something that put your parental fitness in doubt, you may wish to gain custody of your child once again. Fortunately, in some cases, you can get child custody back. For example, if you previously had a substance abuse issue and can now prove that you sought help or otherwise resolved the issue and can be a responsible parent once again, our firm can help you seek a modification to the custody order. If you have any further questions or would like to try to get custody of your child once again, simply give a child custody lawyer in Bergen County from our firm a call.

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 and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. 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.

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