A custodial parent in a yellow jacket and red beanie hugs her two young children, one in a white beanie and the other in a grey beanie, in a forest setting.

Can I Win Child Custody Back if I Was Initially Denied it in New Jersey?

There is nothing worse than being denied custody of your child. Unfortunately, this happens more often than you may think. However, if you were initially denied custody, under certain circumstances, you may be able to win custody back. Please continue reading and speak with our experienced New Jersey family law firm to learn more about child custody and how we can help you through every step of the legal process ahead. Here are some of the questions you may have:

Are there different types of child custody?

There are two main types of custody in New Jersey. The two primary types of child custody are physical custody and legal custody. Essentially, when a parent has physical custody of their child, it means that their child lives with them. However, when a parent has legal custody of a child, it means that they have the legal authority to make certain critical decisions on their behalf, including those relating to education, religion, and medical treatments.

How do New Jersey courts determine which parent gets custody?

New Jersey courts consider a wide array of factors when deciding on which parent gets to retain custody of their child, however, in any custody case, they will primarily be concerned with the well-being of a child. This means that if they determine that it would be in a child’s best interests to give one parent sole custody of a child, they will do so. Generally speaking, however, they will only do this when one parent is a threat, or otherwise proves him/herself unable to be a responsible parent for the child in question.

Can I win custody back if I was initially denied it?

If you were initially denied custody on the basis of you being unable to responsibly raise your child, depending on the circumstances, you may be able to request a modification to your initial custody agreement if you can prove that you corrected the issue that originally prevented you from obtaining custody. For example, if you were denied custody on the basis of having a substance abuse issue, you will have to prove that you did everything in your power to correct the issue and that you are now ready to be a responsible parent. As long as you can prove as much, you should obtain a modification and be able to become a significant part of your child’s life once again. Our firm is here to help.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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