If I Lose Child Custody, Can I Get it Back in New Jersey?

father with child

If you lost child custody rights, you and your child may be suffering. Do not hesitate to contact our experienced New Jersey family law attorneys at Greenberg & Walden, LLC to discuss your options.

What are the different types of child custody in New Jersey?

There are two types of child custody in New Jersey. A court can grant a parent both kinds, just one, or even none. The two types of custody in New Jersey include:

  • Physical custody: This refers to where the child will mostly live. This parent is also accountable for the child and will provide a home, stability, food, clothes, etc. In some cases, custody can be shared equally by both parents or guardians. Physical custody can be divided up into sole, joint, or shared.
  • Legal custody: When a parent has legal custody, they are able to make significant decisions for their child. These decisions can include academic, social, medical, religious, etc. One or both parents may have legal custody, and a parent does not have to have physical custody to have legal custody.

How is child custody determined?

The court will determine child custody and all of the decisions will be made with the best interests of the child in mind. The court will also look at the following when settling these arrangements:

  • Each party’s ability to provide stability
  • Whether the parent will act in the child’s best interests
  • The relationship between the child and the parent
  • The physical health and safety of the child
  • The needs of the child
  • The location and proximity of each parent’s home
  • The preference of the child if they are of sufficient age

Why might a parent lose custody?

There are many ways a parent can lose custody of their child, but they usually all boil down to the fact that the parent is unfit to provide the child with a happy and healthy environment. Some of the most common causes a court will reject parent’s custody rights include the following:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Am I able to get custody back?

If you lost custody rights, there is likely a reason why. It is important to note, however, that most of the time, the reason a court will deem a parent unfit can be fixed or improved. For instance, if you have a substance abuse problem, you may be able to target that issue with courses. Later on, you may then be able to reach out to an attorney to help you prove to the court that you are now capable of having custody of your child.

Contact our Firm

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928

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