If I Was Not Initially Awarded Custody, Can I win it Back in the Future?

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When a married couple with children gets divorced, one of the biggest issues is that of child custody. Sometimes, custody can be determined through mediation. In instances where parents cannot reach an agreement, custody may be left up to the decision of the court. A New Jersey court will evaluate multiple factors and create a custody arrangement. This decision will be made with the child’s best interests in mind. Sometimes, a parent will be deemed unfit and will not be awarded custody of his or her child. Other times, both parents will be awarded custody, but one parent will lose custody. However, it’s important to understand that, in some cases, you may be able to regain custody under certain circumstances. The following blog explores what you should know about these matters, including the importance of working with an Ocean County child custody attorney.

How Does the Court Determine Custody in New Jersey?

When a couple who shares a child gets a divorce or ends their relationship and cannot agree on how to split custody, the court must intervene. It’s important to understand that there are a considerable number of factors that the Ocean County court will consider when determining the legal and physical custody arrangement of a child.

However, under NJ Rev Stat § 9:2-4a, the court will adhere to the “child’s best interests” standard. Essentially, this requires the court to prioritize the safety, health, and well-being of the child over the wants and wishes of the parents.

Factors Considered By the Courts During Custody Matters

Each spouse’s ability to financially support the child
Each parent’s ability to provide safe and stable housing and care
The physical and mental health of the parents
The ability of the parents to work with one another and support the child’s relationship with their other parent
Any allegations of abuse, neglect, or substance abuse
Whether you and your former spouse live in close proximity to one another
Your child’s age and health
Whether your child has any special needs
If your child is old/mature enough, their preference

Why Do Parents Lose Custody?

In many instances, the New Jersey courts believe it’s in the best interest of the child to maintain a relationship with both parents, even if custody is not equal. However, in some instances, the court may bar a parent from custody if it believes it is not in the best interest of the child. Alternatively, the court may modify a custody arrangement to rescind a parent’s custodial rights.

Common Reasons Parents Lose Custody

Neglect, or failure to provide basic physical and emotional care
Physical abuse of the child
Mental/emotional abuse of the child
Domestic violence
Alcohol and drug abuse without meaningful recovery steps
Child abduction or interference with visitation
Unwillingness to co-parent
Repeated violations of existing custody or visitation orders

What If Circumstances Changed After the Original Custody Order?

Losing custody of a child in Ocean County, or anywhere in New Jersey, can be devastating, but it does not have to be permanent. If you are denied custody or you later lose custodial rights, you may be able to petition the court to modify the agreement and regain custody. However, you must demonstrate that there has been a significant change in circumstances that would serve the child’s best interests.

Changes That Could Support a Custody Modification

Completion of substance abuse treatment
Establishing stable housing
Completion of parenting courses or therapy
Consistent employment and financial stability
Evidence of a positive and supportive relationship

You should note, however, that the court wishes to see long-term and sustained changes as opposed to a temporary effort. This helps ensure that changing a custody order would truly be in the best interest of the child.

How to Legally Pursue Regaining Custody in Ocean County

If you have made meaningful changes in your life and wish to seek custody of your child, understanding the steps involved in this process is critical. In general, you’ll need to:

File a motion to modify custody
Submit supporting evidence and documentation
Request an updated evaluation
Attempt mediation

Depending on your circumstances, you may also wish to secure expert testimony to help explain the changes you’ve made or show your child’s preference, if allowed by the court based on your child’s age and maturity levels.

Can a Child’s Preference Affect Custody in New Jersey?

As mentioned, the courts will heavily rely on the child’s best interests standard when deciding custody. However, in some circumstances, they will take the preferences of the child into consideration as well.

In New Jersey, there is no fixed age at which a child is deemed mature enough to express their preferences. As such, the judge will make a decision based on the circumstances of the case. You should note that, even if a child expresses their desire to remain with one parent, the judge must still rule in favor of the child’s best interests.

Contact Our Experienced Ocean County Family Law Firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.