Matters of child custody are incredibly serious. Decisions are made to support the best interests of the child. In some cases, a parent will be deemed unfit and will lose custody. When this happens, it can be devastating for both parent and child. Read on for more information regarding what to do if you have lost child custody in New Jersey.
How is Custody Determined?
Sometimes, child custody can be determined through mediation. Other times, this decision is too difficult to be made through mediation. Often, both parents want different things and cannot come to an agreement. In this case, custody may be decided by the court. When making a decision about custody, the court will take the following into account:
- The stability that each parent can provide the child
- Whether the parent will act in the child’s best interest
- The relationship between the child and parent
- The parent’s history of domestic abuse and substance abuse
- The mental and physical health of the parent
- The work schedule and lifestyle of the parent
- The safety of the child
- The child’s preference if they are of sufficient age
Why do Parents Lose Custody?
Parents may lose custody for a number of reasons. The most popular reasons a parent will lose custody include:
- Substance abuse
- Refusal to co-parent
How Can I Get Custody Back?
While losing custody can be incredibly difficult for both you and your child, it does not have to be permanent. In some cases, you may be able to get custody back later on. To do so, you will need to change whatever it was that caused you to lose custody. For example, if you have displayed signs of abuse, you may be able to take anger management classes. In New Jersey, the court believes that a child benefits from having a relationship with both parents, so if you prove you have addressed the issue that caused you to lose custody in the first place, you may be able to win it back. But, this is not a quick or easy process. You will need the help of a skilled family law attorney to advocate for you and help you through the legal process.
If you have lost custody of your child and you want to get it back, contact our firm today. We are here to walk you through all of your family law matters.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.