Is it Possible to Get Sole Custody in NJ?

As a parent, you may always be on the lookout for your young, impressionable child. This is why you may be firm in your advocacy that your child will be given the best upbringing if they are under your care all the time. In other words, if you get sole custody rights over them. Sadly, previous instances involving your child’s other parent may have driven you toward this conclusion. Well, read on to discover whether it is possible to get sole custody over your child and how one of the seasoned Somerset County child custody lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you get the court order best for your child’s well-being.

Is it possible to get sole custody in the state of New Jersey?

Usually, the New Jersey family court favors a joint custody order so the child can benefit from having both parents present. However, in your child custody proceedings, you may present an argument explaining how the other parent’s involvement would not be in the best interest of your child’s well-being. Simply put, you may claim that they are an unfit parent. Specific examples of what may make them parentally unfit are as follows:

• Your child’s other parent has a history of violent criminal offenses.
• Your child’s other parent has a history of endangering, abandoning, or neglecting your child.
• Your child’s other parent has a history of domestic violence incidents in which your child was the victim.
• Your child’s other parent has a history of alcoholism, drug abuse, or other serious addiction issues.
• Your child’s other parent has a history of untreated mental health issues.
• Your child’s other parent is actively incarcerated in a state prison.

Or, sadly, your child’s other parent may relinquish their rights to equal custody over your child. Through this voluntary surrender, they may have to prove to the court that, again, it is in their child’s best interest if they do not play an active role in their lives. This may be, for example, if they cannot provide their child with a safe and stable home environment.

Can there be visitation rights with a sole custody order?

Even if the New Jersey family court agrees to grant you sole custody rights over your child, they may still order your child’s other parent to certain rights. Namely, they may give them visitation rights. This may mean that your child can participate in a certain amount of overnight visits at their other parent’s house per month or year. Or, they can go on annual vacations with them for a specified period.

However, the court may reduce this to supervised visitation sessions. This may be if it is still questionable whether independent time with their other parent is in the best interest of their safety and well-being. This means that a third-party individual, approved by the court in advance, must be present to monitor each scheduled visit.

There is a lot to consider before pursuing this argument in your upcoming legal proceedings. To help you make the right considerations, please consult with one of the competent Somerset County family lawyers. Our team at the Law Offices of Kisha M. Hebbon, LLC will guide you toward the best decision.