mother and son

If the New Jersey family judge deems your former spouse as an “unfit parent,” odds are that they will not grant them child custody rights. More specifically, your former spouse’s history of domestic violence may categorize them as an unfit parent. Follow along to find out why your former spouse may lose child custody over domestic violence and how one of the proficient Sussex County, Sparta child custody attorneys at Paris P. Eliades, Esq. can help you navigate this difficult situation.

Can my former spouse lose child custody over domestic violence issues?

Under normal circumstances, the New Jersey family judge would grant you and your former spouse joint custody so that your child can maintain a relationship with both of you. However, they may find doing so as going against your child’s best interest if your former spouse has domestic violence issues. For the safety of your child, they may only grant visitation rights at best. And with this, such visitation rights will likely entail only supervised visitation or visitation with no overnight stays.

Your child custody agreement may be settled similarly if your former spouse appears to be an “unfit parent” in any of the following ways:

  • They have a history of substance abuse.
  • They have a history of incarceration.
  • They have a history of institutionalization.
  • They have a history of kidnapping.
  • They have a history of child neglect.
  • They verbally express their unwillingness to co-parent or care for the child.
  • They verbally express their unwillingness to abide by court orders.

Can my former spouse regain child custody rights?

We understand that you may have wanted your child to keep their relationship with their other parent if the circumstances were different. Rest assured, this child custody decision does not necessarily have to be permanent. That is, your former spouse may be able to address their issue by attending a program that provides them with the resources they need to get better. Such a program may be court-ordered or one that is voluntarily attended.

Down the line, if a judge sees that your former spouse has taken the initiative and proper steps toward becoming a “fit parent,” they may reconsider their child custody order. However, you must understand that this can only be officially done by filing a petition for a post-judgment modification.

For more information, do not hesitate in reaching out to one of the talented Sparta, NJ children and parenting issues attorneys. We will work on your behalf in achieving a child custody settlement that is in the best interest of your child. Call us today.