When a couple with children decides to get a divorce, they will have to determine the issue of custody. This can be a difficult decision to make. As a result, the decision is often left up to the discretion of the court. A New Jersey court will examine many factors. In some cases, a court may only award custody to one parent if the other parent is deemed unfit. It is important to know that losing custody does not have to be permanent. Read on for more information about winning back custody.
How is custody determined?
When a New Jersey court is determining custody, they will examine some of the following factors:
- The relationship between the child and each parent
- If the parent will act in the child’s best interest
- The stability each parent can provide the child
- Whether or not the parents are willing to accept custody
- What the child needs
- The child’s safety
- History of abuse
- Both parents’ fitness
- The geographical proximity of both parents’ homes
- The preference of the child if they are of sufficient age
Why do Parents Lose Custody?
Some reasons that parents will not be awarded custody, or will lose their custody rights include:
- Physical abuse of the child
- Mental/emotional abuse of the child
- Domestic violence
- Alcohol and drug abuse
- Child abduction
- Unwillingness to co-parent
Can I Get Custody Back?
Losing custody of your child can be incredibly difficult. Luckily, a loss of custody does not have to be permanent. If you have lost custody of your child, you will want to retain the help of a skilled family law attorney. An attorney will be able to work with you to determine what went wrong, and how you can fix these issues. You will need to request an evaluation. A professional child custody evaluator will examine all the variables of your case, from your interactions with your child to your home environment. He or she will do the same for your children’s current custodian. You will have to show proof that you have addressed the issues that caused you to lose custody in the first place. For example, if drug abuse was the cause, you may have to complete an addiction program. It is important to be patient, respectful, follow the law vigilantly, and report to all hearings.
Contact our firm to speak with a dedicated family law attorney about how to win back custody.
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