If I Lose Child Custody, Can I Get it Back in New Jersey?

Losing custody can be challenging for you and your child. If you are in this situation, do not hesitate to contact our firm to speak with one of our dedicated New Jersey family law attorneys to learn more about your options and how you can receive child custody back.

What are the different types of child custody in New Jersey?

There are several types of child custody in New Jersey. A court can award a parent both types of custody, or just one, and in some cases, none. The two types of custody include:

  • Physical custody: This is where the child will reside most of the time. This parent is also responsible for the child and will provide a home, stability, food, clothes, etc. In particular cases, custody can be shared equally by both parents or guardians. Physical custody can be broken up into sole, joint, or shared.
  • Legal custody: If a parent has legal custody, they are able to make important decisions on behalf of the child’s life. These can include academic, social, medical, religious, etc. decisions. One or both parents may have legal custody, and a parent does not have to have physical custody to have legal custody.

How is child custody determined?

Custody arrangements are determined by the court and all decisions made will reflect the best interests of the child. The court will look at the following factors when making these arrangements:

  • Each party’s ability to provide stability
  • Whether the parent will act in the child’s best interests
  • The relationship between the child and the parent
  • The physical health and safety of the child
  • The needs of the child
  • The location and proximity of each parent’s home
  • The preference of the child if they are of sufficient age

Why might a parent lose custody?

A parent can lose custody for various reasons. Some of the most common reasons a court will eliminate a parent’s custody rights include the following:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Can I get custody back?

If you lost custody rights, it is likely because the court deemed you unfit to parent your child. Typically, the reason for which the court made their determination is one that can be fixed or improved. For example, if you lost child custody rights because you have an alcohol abuse issue, you may be able to target the issue by taking a course to get back on track. Then with the help of a skilled family law attorney, you may be able to prove to the court that you are now able to properly obtain custody of your child.

If you lost custody of your child and would like to get it back, do not hesitate to contact our firm today to help you through this process.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.