A divorce can be hard on all members of the family. This is especially true when it comes to the children involved. When a judge makes a decision about custody, he or she is working to do what is in the child’s best interests. Read on to learn more about how New Jersey judges make custody decisions.
How is custody determined?
There are a number of factors considered when a judge makes a custody decision. Just some of these factors include:
- The best interest of the child
- The child’s age
- The ability of each parent to act as a guardian
- The relationship between the child and parent
- The mental and physical health of the parent
- The safety of the child
- Any domestic violence history
- The child’s preference is they are of a sufficient age
- The parent’s history of domestic abuse and substance abuse
Why do parents lose custody?
New Jersey judges strongly believe that a child benefits from having some form of a relationship with both parents. As a result, they will work to award custody to both parents. However, there are some cases in which a parent will be deemed unfit. This may occur if there is evidence of:
- Substance abuse
- Refusal to co-parent
Can I win child custody back?
If a parent is deemed unfit, the other parent will typically be awarded sole custody. When this occurs, the unfit parent will typically be awarded visitation, either supervised or unsupervised, depending on the situation.
If you have lost custody, you may be wondering about the process of regaining it. To begin the process of regaining custody, you will first need to be aware of the reason behind the court’s decision to take away custody. This reason is possibly something that you can address in an effort to regain your custody. For example, you may have lost custody due to a substance abuse issue, you may take substance abuse courses among other work to prove that you are acknowledging and resolving the issue at hand. During this process, it is important to follow all court orders and work with an experienced family law attorney.
If you have any questions or concerns about custody in New Jersey, our firm is here to help. Reach out today to speak with a skilled and dedicated attorney.
Contact Our Experienced New Jersey 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.