Child custody is a critical family law issue. In fact, custody is often the most important divorce and family law issue. If you are someone who was denied custody of your child, you are most likely now looking to win custody back, as there is nothing more important to a parent than raising his or her child. If you find yourself in this situation, please continue reading and speak with our New Jersey family law attorneys to learn more about how we can help. Here are some of the questions you may have:
How do courts in New Jersey determine child custody on behalf of divorcing parents?
In New Jersey, when courts face the issue of divorcing parents who cannot agree on terms of child custody, they will have to determine such an agreement themselves. When this happens, they will consider several different factors, however, the most important factor is a child’s best interests. This means that the court will analyze both you, your spouse, and your child, and from there, it will make a determination regarding what it feels the best living and custody arrangement is for your child. There are two types of custody: physical and legal. Physical custody deals with where a child lives, while legal custody gives a parent the legal right to make certain key decisions on behalf of their child. While most courts would prefer to split custody evenly between parents, if they determine that doing so would not be in their child’s best interests, they may award one parent sole custody of the child, denying the other parent custody rights.
Can I win child custody back in New Jersey if I was not initially given custody?
If you were denied child custody initially, you will have to prove that the grounds for your denial are no longer the case for you to obtain custody once again. For example, if you were denied custody on the grounds of having a substance abuse issue, you must prove that you sought treatment and no longer have such an issue. Essentially, regardless of the reason you were denied custody, you will have to prove your parental fitness to receive custody once more in a modification. Our firm can work to help you seek a modification to your custody agreement. All you have to do is pick up the phone and give us a call today. If you have any additional questions or you are ready to get started, we are ready to help.