If you are a parent getting a divorce, you are likely wondering how custody decisions are made. Read on to learn more about how custody is determined, mistakes to avoid, and why parents may lose custody.
How is custody determined?
In some cases, custody decisions can be made by the parents. However, parents often disagree when it comes to custody and the decision is typically placed in the hands of a judge. When making a decision about custody, a judge will consider the following factors:
- The relationship between the child and each parent
- The parent’s 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
Mistakes to avoid
When you are involved in a custody hearing, there are numerous mistakes to avoid, including:
- Failing to pick up/drop off kids on time
- Failing to adhere to your custody agreement can result in serious legal trouble. During a custody arrangement, it is necessary to carefully follow all court orders.
- Trash talking the other parent
- This can be seen as a failure to co-parent. It can also hurt your relationship with your child.
- Posting on social media
- Posting anything disparaging about the other parent can reflect poorly upon you. Additionally, posting something as innocent as a glass of wine with dinner can be used against you in court. As a result, it is typically best to avoid posting on social media.
Why do parents lose custody?
In New Jersey, judges generally agree that a child benefits greatly from having a relationship with both parents. As a result, he or she will work to make this happen. However, there are cases that would cause a parent to lose custody, including proof of:
- Abuse
- Substance abuse
- Neglect
- Failure to co-parent
- Refusal to follow court orders
When a parent loses custody, it is not necessarily permanent. Additionally, this parent will typically still have some sort of visitation rights.
If you have any questions or concerns about custody arrangements in New Jersey, reach out to our firm today. We are here to advocate for you.
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
