It is important to know that for the most part, New Jersey courts believe that a child benefits from having a relationship with both parents. As a result, a judge will work to make this happen. Unfortunately, this is not always possible. In cases of substance abuse, a parent may be deemed unfit and lose custody. But, in most cases, the parent will still have visitation rights. Additionally, losing custody may not always be permanent. Read on to learn more.
How is Custody Determined?
When making a decision about custody, a New Jersey court will taking the following into account:
- The parents’ ability to communicate, cooperate and agree regarding matters of the child
- The parent’s willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
Why Do Parents Lose Custody?
Some of the most common reasons a parent loses custody include:
- Abuse
- Substance abuse
- Neglect
- Refusal to co-parent
- Failure to follow court orders
What do I do if I Lost Custody?
If you have lost custody, your first step should be to contact to contact an experienced family law attorney. If you have lost custody, it is for a reason. For example, if you have lost custody for substance abuse issues, you may have to enroll in an addiction program. Losing custody can be devestating, but it does not have to be permanent.
If you have lost custody, reach out to speak with an experienced and dedicated family law attorney.
Contact our experienced Red Bank firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.