How to Get Full Custody of a Child in New Jersey

In order to understand how one parent may be awarded full custody, you have to first understand how child custody decisions in New Jersey are made by family courts. When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody may be complicated.

This is because every custody situation is different, and there are numerous different forms of child custody that may be ordered. It is important to note that most courts presume that a child spending time with both parents is in the child’s best interest. Further, all decisions made regarding custody of a child will always be made according to the child’s best interest standard.

The child’s best interests standard is a legal standard, which states that all decisions related to a child must be made in accordance with the child’s interests and backgrounds being placed above the parent’s personal preferences. As noted above, joint custody arrangements, not full custody arrangements, are typically presumed to be in a child’s best interest.

Full custody, also known as sole custody, refers to a specific type of child custody arrangement in which only one parent or legal guardian is granted both physical and legal custody of the child.

Examples of important decisions that a parent with full legal custody over their child possesses include the right to:

• Education: Selecting the school, determining participation in special education programs, and making decisions regarding academic tutoring are all examples of educational decisions a parent with custody may make
• Medical Care: Choosing healthcare providers, consenting to physical or psychological medical treatments, surgeries, and managing their child’s health records
• Religious Practices: Deciding their child’s involvement in religious or spiritual activities and their religious education
• Living Arrangements: Determining their child’s primary residence, making decisions about relocation, and managing household matters
• Extracurriculars: Deciding on their child’s participation in sports, arts, and other extracurricular activities
• Legal Matters: Representing their child in legal matters, making legal decisions on their behalf in court, and managing their legal welfare
• Financial Decisions: Managing their child’s financial affairs, including any inheritance, trust funds, or financial support received

A parent that has full custody is referred to as the custodial parent. That parent generally has the exclusive legal right to make all of the above decisions on behalf of their child. The custodial parent is also responsible for their child’s physical needs.

As noted above, most courts tend to favor joint custody arrangements, instead of full custody arrangements. This is because there is a presumption that joint child custody arrangements ensure children have continued contact and involvement with both parents by allowing both parents to have almost equal possession and access to their child or children.

In New Jersey, family courts generally support the idea that it’s in the child’s best interest to have a relationship with both parents. However, this presumption can be challenged in certain circumstances.

What Are the Requirements for Full Custody?

In New Jersey, the full custody requirements are based on the best interests of the child standard, which takes into account various factors, such as:

• Parents’ Ability: The court will first evaluate each parent’s ability to provide a safe, loving, and stable environment for their child
• Child’s Needs: The court will then consider the child’s physical, emotional, and educational needs, as well as any special needs they may have
• Parental Cooperation: The court will then assess how well the parents communicate and cooperate with each other in matters concerning the child
• Stability of Environment: The continuity and stability of the child’s current living situation, including their schooling and community connections, will also be considered
• Safety: Any history of domestic violence, substance abuse, or other safety concerns within the household will weigh heavily on whether or not one parent should lose custody of their child
• Child’s Preference: The wishes of the child, if they are of sufficient age and maturity to express a reasoned preference may also be considered
• Parent-Child Relationship: The strength and quality of the relationship between each parent and the child will be considered
• Parental Involvement: The involvement of each parent in the child’s life, such as attending school events and medical appointments
• Employment Responsibilities: Each parent’s work schedule and ability to care for the child while balancing their employment responsibilities
• Extended Family: The presence of supportive extended family members who can contribute to the child’s upbringing

Specifically, the statute concerning the child’s best interest standard in New Jersey can be found in New Jersey Revised Statutes Section 9:2-4. That statute outlines the factors the court considers when determining custody arrangements to ensure the child’s well-being and stability.

There are many different situations that may constitute valid grounds to award one parent full custody over a child, including when:

• Domestic Violence: If there is any history of domestic violence by one parent, the court may award full custody to the other parent to protect the child’s safety
• Substance Abuse: If one parent has a history of drug or alcohol addiction, it can impact their ability to care for the child, leading to full custody being awarded to the other parent
• Mental Health Issues: Severe mental health problems that affect a parent’s ability to provide proper care can be grounds for awarding full custody to the other parent
• Neglect or Abuse: Evidence of neglect or abuse towards the child by one parent can result in the other parent receiving full custody
• Parental Abandonment: If there is evidence that one parent has abandoned their child for a significant period, the court may decide that it is in the child’s best interest to live with the other parent full-time
• Criminal Activity: Any evidence of involvement in criminal activities that could endanger the child may lead to one parent being awarded full custody
• Inability to Co-Parent: If one parent is unwilling or unable to cooperate with the other parent in making decisions for the child, the court may find it best to grant full custody to the more cooperative parent
• Instability: Any other evidence where one parent leads a lifestyle that is unstable and not conducive to a child’s well-being can be grounds for full custody being awarded to the more stable parent

How Is Custody Determined?

In New Jersey, custody laws for unmarried parents are designed to ensure that both parents are typically encouraged to play active roles in their child’s life, provided it aligns with the child’s best interests. The court will aim to create a custody arrangement that supports the child’s overall well-being and development based on the factors discussed above.

However, in New Jersey, if paternity has not been legally established, the father does not have any legal rights or obligations regarding the child. This means the father cannot make decisions about the child’s upbringing, health care, education, or other important aspects of their life. Additionally, they are not required to provide financial support.

In order to establish paternity in New Jersey, the father can take one of the following steps:

• Voluntary Acknowledgment: Both parents can sign a voluntary acknowledgment of paternity, which is typically done at the hospital shortly after the child’s birth or through the local vital statistics office
• Court Order: If there is any dispute or uncertainty about paternity, either parent can file a petition with the court to determine paternity, which often involves DNA testing to confirm biological parentage

Once paternity has been established, the father gains legal rights and responsibilities, including the ability to seek custody or visitation and the obligation to provide child support. A local New Jersey attorney will be able to help guide you through Pennsylavania’s rules regarding obtaining custody over your child. They will also be able to help guide you through establishing paternity if paternity has yet to be established.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

As can be seen, there are numerous factors that are involved in determining custody of a child in New Jersey. As such, if you are seeking custody of your child or wishing to modify a previous custody order, it is in your best interests to first consult with an experienced New Jersey child custody lawyer.

LegalMatch can assist you in setting up an initial lawyer consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand New Jersey’s specific laws on child custody, including whether or not seeking full custody is appropriate, given your situation.

They can also help you attempt to reach an agreed custody order with the other parent and help draft and present that order to the court. Should an agreed order not be possible, an attorney can also help you properly draft, file, and serve the other parent in a custody action. Finally, an attorney will also be able to represent you in court, as needed.