Can I Win Back Child Custody if I Was Not Initially Awarded It in NJ?

There is nothing worse as a parent than being denied custody of your child. This is why if you find yourself in this situation, you are most likely now seeking to win back custody of your child. Please continue reading and speak with our experienced Bergen County family law attorneys to learn more about child custody, how we can help you seek a modification to your custody agreement, and more. Here are some of the questions you may have about the legal process ahead:

Are there different types of child custody?

The two main types of child custody are physical custody and legal custody. Physical custody refers to where a child primarily resides. Of course, all parents want their child to live with them, however, in many cases, having legal custody is paramount. Legal custody gives a parent the legal authority to make certain decisions on behalf of their child, such as where the child goes to school, the religion the child practices, the types of medical treatment a child may receive, and more.

How do courts in New Jersey determine child custody agreements?

New Jersey courts will primarily consider one thing when determining your custody agreement: your child’s best interests. This means that your agreement will revolve around your child, not you. In most cases, NJ courts would prefer to divvy custody evenly between both parents, however, if the court determines that one parent is unable to be a responsible parent, at least for the time being, or that splitting custody evenly otherwise will not serve the child’s best interests, they will award one parent sole custody.

Can I win back child custody?

If you are someone who was denied custody of your child, you may receive custody of your child once again, as long as you can prove that you obtaining custody would be in your child’s best interests. If you were denied custody initially on the basis of an issue, such as a drug problem, you will have to prove that such an issue no longer exists. Our firm can fight for a modification to your initial agreement. All you have to do is speak with us today so we can get started.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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