Lost Custody Due to Substance Abuse – What to Know

siblings playing together

If you have lost custody due to substance abuse, it may not be permanent. Read on to learn more about child custody in New Jersey and what to do if you have lost custody.

How is Custody Determined in New Jersey?

There are two main types of custody that can be awarded to a parent in the state of New Jersey:

  • Physical Custody: This determines the individual with whom the child lives and spends the majority of their time. They are responsible for providing the child with a stable upbringing. If parents are able to equally divide their parenting time, it is known as joint physical custody.
  • Legal Custody: This allows a parent the right to be involved in making important decisions for their child throughout their upbringing. This can include matters such as the child’s health, education, religion, and general well-being. Parents should fight for legal custody, even if they do not have physical custody.

Sole legal custody may be granted in cases where one parent cannot work with the other to make decisions in the child’s best interest. 

When determining custody, a New Jersey court will examine the following factors:

  • The relationship between the child and each parent
  • The parents’ willingness to accept custody
  • Any history of domestic abuse and substance abuse
  • The needs and safety of the child
  • The physical and mental health of each parent
  • The geographical proximity of the parents’ homes
  • The preference of the child if they are of sufficient age
  • The stability that each parent can provide
  • The ability of the parent to act in their child’s best interests
  • The work schedule and lifestyle of each parent

Losing Custody

If you lose custody, it does not have to be permanent. It is important to understand that if you lost custody, it was for a reason. You will need to address this issue and prove that change has occurred. For example, if you lost custody due to substance abuse issues, you may be able to partake in an addiction program and prove to a court that this is no longer an issue. It is important to have an experienced family law attorney by your side throughout the process. If you have any questions or concerns about losing custody, contact our firm today.

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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