If you have lost custody of your child, you are likely wondering about your options. Read on to learn more about winning back child custody.
How is child custody determined?
There are two main forms of custody awarded in New Jersey- physical and legal.
Physical custody is awarded to the parent with whom the child spends the most time. This parent is also responsible for the child and will provide a home, stability, food, clothes, etc. In some cases, physical custody can be shared equally by both parents or guardians, known as joint custody.
If a parent has legal custody, he or she can 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.
Generally, 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:
- Refusal to co-parent
- Substance abuse
Can I win 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 a substance abuse issue, you may be able to participate in a program to get back on track. 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 have lost custody of your child, our firm is here to help. Reach out today to discuss your options with an experienced attorney.
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.