Full Child Custody in New Jersey
Child custody cases are rarely straightforward. When parents disagree on custody issues, the process can become complicated.
If you are fighting for full child custody in New Jersey, you need to work with an experienced family law attorney. Navigating such cases requires expertise and experience in custody disputes.
Grounds for Receiving Full Custody
Common reasons for granting a parent full custody of their child include one or more of the following:
Unfitness of the Other Parent
If the Court finds the other parent unfit due to issues such as untreated and active substance abuse or mental health issues, the fit parent may have an opportunity to receive full custody until the other parent can demonstrate that they are in treatment and have recovered to a satisfactory degree that will not endanger their child.
History of Domestic Violence or Abuse
If the parent seeking custody can prove a history of domestic violence, they may be granted full custody. The violence can either be against the child or the parent seeking full custody. Evidence may include police reports, medical records, and witness statements.
Lack of Involvement
If one parent has shown no involvement in the child’s upbringing, the Court may award full custody to the parent who cared for the child.
Inability to Provide a Safe and Stable Living Environment
A parent who cannot offer a safe and stable living situation for the child may be denied custody. Examples are unsafe housing conditions or frequent relocations. The Court prioritizes the child’s need for a safe, secure, and stable home.
One Parent Making Joint Decision Making Impossible
If one parent makes joint decision making impossible by unreasonably refusing consent to or obstructing major decision making for the child, the Court may take away their right to participate in major decision making and grant full custody to the other parent.
The Court Favors 50/50 Custody
Regardless of the situation between the two parents, the Court favors 50/50 child custody and will strive to achieve that goal whenever possible. According to N.J.S.A. § 9:2-4, children should have frequent and continuing contact with both parents. While this does not mean that there is a presumption of 50/50 custody, more often than not, the Court interprets this Statute to encourage shared 50/50 custody.
A parent needs comprehensive legal guidance if they are seeking full custody with valid reasons and the other parent does not agree. While receiving full custody is complicated and rare, it is not impossible. Each custody case is different and requires a tailored approach. A skilled family law attorney can help gather the necessary evidence and build the best possible case in court for full custody.
Consult a Family Law Attorney about Full Custody in New Jersey
If you want to seek full custody of a child in New Jersey, you need effective legal assistance. Since winning a child custody case is tough, especially when the other parent is not agreeable, it is essential to have a comprehensive legal strategy.
Family law attorneys at Moskowitz Law Group can help you fight for full custody of your child. Call us for a free consultation today.
