How to Get Full Custody of a Child in New Jersey
Attorney’s often answer the question of how to get full custody of a child from prospective clients. There is no simple answer as to how to get full custody of a child, but some general principles can help guide you in seeking the right family law attorney to help you learn how obtain custody of a child, specifically primary custody of a minor child.
Once the child reaches the age of eighteen (18) in New Jersey, he or she beyond the Court’s custody jurisdiction. In the majority of cases, whether involving divorcing parents or parents of a child who were never married, the first court order will provide the parties with joint legal custody.
What is Joint Legal Custody?
In general, the definition of joint legal custody is that both parents are to be involved in the basic day-to-day decisions involving the child. For example, if the child has a medical issue or needs to see a doctor, both parties will have input into that important decision. If the child has an emergent medical issue while with one parent, that parent does not have to immediately inform the other parent if they do not have time to do so.
How Can I Obtain Full Custody of My Child?
The question of how to get full custody of a child will involve what is known as primary residential custody. This means which parent spends more overnights with the child during the year, and is designated as the primary residential parent. It is very difficult to get full custody of a child if full custody means sole legal custody. That rare occurrence will only happen when one parent is unable to adequately care for the child due to some sort of medical issue or substance abuse issue that severely impairs their ability to parent.
Primary Residential Custody in New Jersey
If the question is how to get full custody of a child in terms of primary residential custody, the process can be time-consuming, and will more than likely involve a court hearing that occurs after a detailed application is filed by an attorney.
If your spouse has primary residential custody, and you are seeking to change custody to get full custody of your child, specifically residential custody, the first step is filing a motion with the Family Court making this modification request.
The general legal principle in obtaining custody of a child is a showing of changed circumstances warranting a change in the status quo schedule with the child. It is helpful to point to an incident or series of events that demonstrates that the other parent is no longer able to fulfill his or her full parental duties under the current parenting time schedule.
Can I Modify Custody?
When your attorney submits the motion to the Family Court requesting a modification, the Family Judge will determine the next steps in how to get full custody of a child by scheduling a further hearing if you have met the requisite changed circumstances threshold. Preparing for and succeeding at the hearing will depend in large part on the skill and experience level of your attorney.
For more information contact Siegel Law today.
