Child custody agreements can be affected by a parent’s substance abuse problem. Continue reading to discover the types of child custody in New Jersey, how New Jersey courts determine child custody, and the effects substance abuse has on custody agreements. Reach out to our firm today to learn how we can benefit your upcoming legal process.
What are the types of child custody in New Jersey?
There are two types of child custody in New Jersey: physical custody and legal custody. Legal custody refers to the legal right to make important decisions on their child’s behalf. Some decisions legal custody grant parents with are what kind of medical treatments the child can receive, where the child can go to school, and what religion they may practice. Physical custody refers to where the child physically resides.
New Jersey courts tend to preference splitting custody evenly where both parents share legal and physical custody. However, certain circumstances may sway a court to award sole custody of a child, such as if one person poses a threat to the child or if one parent is proven to be unfit.
How do New Jersey courts determine child custody?
New Jersey courts make their decisions regarding child custody with the child’s best interest in mind. They will also consider the following factors:
- Whether both parents can provide the child with a sufficient standard of living
- The bond the child has with both parents
- Whether the child can be sufficiently cared for by both parents
- If the child is old or mature enough
- Whether the child has a preference
Will substance abuse have an effect on child custody?
It is possible for a parent to be denied custody right if they prove themselves to be unfit to parent. Circumstances in which the parent exposed the child to domestic abuse or has serious substance abuse problems can cause the parent to be deemed unfit.
Custody courts understand that substance abuse is a complex issue. With this in mind, it is important to understand that if you take the necessary steps to resolve an issue as serious as a substance abuse problem by seeking help, you may not lose custody of your child. It is suggested to seek help alongside an experienced family law attorney who will provide for your case in your best interest. Contact our firm today to discuss what we can do for you. We are prepared to handle your upcoming legal process.
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.
