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How Can Substance Abuse Affect Child Custody?

If you believe you or your former spouse has a substance abuse problem and are curious how it will affect your child custody agreement, continue reading. Speak with our knowledgeable New Jersey family law attorney to discuss your options and learn how our services can benefit you and your child custody situation.

What are the types of child custody in New Jersey?

Physical custody and legal custody are the two types of child custody in New Jersey. Physical custody refers to when the child lives with a parent while legal custody gives parents the right to make important life decisions on the child’s behalf including where they go to school, what religion they practice, and decisions regarding medical treatment. It is common for child custody courts in New Jersey to prefer splitting custody evenly which will allow both parents to share both physical and legal custody. However, it is possible for the court to award sole custody of the child in the instance that one person poses a threat to the child or is otherwise parentally unfit.

How is child custody determined in New Jersey courts?

The main concern when New Jersey courts determine child custody is the child’s best interest. They will also consider the following factors:

  • Whether both parents can provide the child with a sufficient standard of living
  • The bond the child has with both parents
  • Whether the child can be sufficiently cared for by both parents
  • If the child is old or mature enough
  • Whether the child has a preference

What effect will substance abuse have on child custody?

It is possible for a parent to be denied custody rights if they prove themselves to be unfit in any way such as having serious substance abuse problems or exposing the child to domestic abuse. There is a chance the parent will lose custody rights at least for the time being.

However, custody courts understand that substance abuse is a complicated issue and if you can prove that you are taking the necessary steps to resolve the issue by seeking help with the assistance of an experienced family law attorney by your side, you may not lose custody of your child. Do not hesitate to reach out to our firm today to discuss our services and how we can assist you. We are prepared to fight for your rights as a parent.

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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