Child custody decisions in New Jersey prioritize the child’s best interests. A parent may lose custody if the court determines that the parent is unfit or that the child’s welfare is at risk under their care.
Grounds for losing custody
Several factors can lead to a parent losing custody:
- Abuse or neglect: Physical, emotional, or sexual abuse, as well as neglect, can result in the loss of custody.
- Substance abuse: Drug or alcohol addiction that impairs a parent’s ability to care for the child can be grounds for losing custody
- Parental unfitness: Engaging in activities that endanger the child’s welfare, gross immorality, abandonment, or failure to provide proper care and education can lead to a finding of unfitness and loss of custody.
- Mental incapacity: Severe mental health issues that prevent a parent from adequately caring for the child may result in the loss of custody.
- Violation of custody orders: Consistently failing to comply with custody arrangements or interfering with the child’s relationship with the other parent can influence custody decisions.
Courts evaluate the situation to determine whether a parent could lose custody.
Legal framework
New Jersey Statute 9:2-9 outlines conditions under which a parent may be deemed unfit, including abandonment, neglect, and engaging in harmful activities.
Protecting parental rights
If you face challenges to your custody rights, understanding these factors and the legal standards involved is essential. Courts aim to ensure that custody arrangements serve the child’s best interests, considering the safety, stability, and well-being provided by each parent.