Under the best circumstances, co-parenting can be challenging. However, New Jersey courts prefer joint physical and legal custody. It is presumed that sharing custody is in the child’s best interest. However, some circumstances could cause a parent to lose custody of their child in Monmouth County.
Let’s review how the court decides custody matters in New Jersey. Understanding the factors used to decide custody matters is helpful when discussing what can cause a parent to lose custody.
Factors Judges Use to Decide Which Parent Receives Custody in Monmouth County, NJ
All child custody decisions are based on the child’s best interests. Judges consider many factors when determining whether to grant joint or sole custody, including:
- The parent’s willingness and ability to cooperate in co-parenting
- Any history of domestic violence
- The parent’s commitment to facilitate the relationship between the other parent and the child
- The child’s relationships with parents and siblings
- A child’s needs
- The fitness of both parents
- The stability of the home environment
- A child’s reasonable preference for custody
- The employment responsibilities of each parent and whether childcare duties will be delegated
- The number and ages of the children
- The distance between the parents’ homes
Judges may consider other factors relevant to deciding the best interests of a child for custody. Any adverse findings could result in a parent losing custody.
Reasons a parent might lose custody of their child in New Jersey include:
Concealing a Child From the Other Parent
N.J. Statute 9:2-7.2 prohibits a parent from concealing the location of a child from the other parent. A parent may petition the court for a preliminary hearing to determine temporary custody while the court investigates the matter. If a parent fears for their child’s safety, they should petition the court for an emergency ex parte hearing to allow the court to determine temporary custody arrangements.
Mental Incapacity
A parent must have the mental capacity to care for the child. However, having a mental disorder does not automatically mean a parent will lose custody of a child. A substance use disorder, intellectual disability, or mental health condition must be severe enough to substantially prevent the parent from being able to be the child’s primary caretaker.
Fathering a Child by Rape
N.J. Statute 9:2-4.1 prohibits the courts from granting custody or visitation rights for any minor child to a person convicted of sexual assault. That includes a minor child born because of the victim being raped.
Removing the Child From New Jersey Without Consent
A parent in a custody dispute is prohibited from removing a child from the court’s jurisdiction under N.J. Statute 9:2-2. Consent must be given by a child if the child is of sufficient age to give consent or with the consent of both parents if the child is not old enough to consent. A court may order the removal of a child from the jurisdiction.
Parental Unfitness
N.J Statute 9:2-9 defines unfitness as a parent:
- Engaging in activity that endangers the child’s welfare or makes the child a public charge;
- Being grossly immoral;
- Abandoning the child;
- Neglecting to educate, maintain, and protect the child; or,
- Being unfit to be trusted with the education and care of the child.
A parent may lose custody if they are found to be unfit for any of the above reasons or other reasons the court might consider harmful to the child. For example, the parent harms the child by engaging in parental alienation.
Child Abuse
A parent will lose custody if the court finds evidence proving child abuse. Child abuse may take many forms, including physical and verbal abuse. Child abuse may also include sexual abuse and child neglect. Child abuse can result in loss of custody, but the judge may also restrict or prohibit visitation depending on the situation.
Making False Allegations
A parent may lose custody if they knowingly make false allegations to the court. For example, a parent falsely accuses the other parent of sexually abusing the child. These false allegations can cause tremendous harm to the child. The judge may order sole custody to the other parent.
Get Help With Child Custody Matters in Monmouth County, NJ
Custody disputes are complex issues in a divorce or other family dispute. The best way to protect your parental rights and your child’s best interests is with the help of an experienced Monmouth County child custody lawyer.
Contact an Experienced Monmouth County Child Custody Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
