Morristown NJ Child Custody Attorneys

If I Lose Custody, Can I Get it Back? | What to Know

Sometimes, if a parent is deemed unfit, he or she will lose custody of his child. This can be difficult for both the individual and the child, so it is best to reach out to a family law attorney as soon as possible. Reach on for more information.

New Jersey’s Types of Custody

In New Jersey, there are two types of custody. A parent may be awarded both types, or just one. Additionally, a parent may be deemed unfit and lose all custody rights.

  • Physical Custody
    • Physical custody is awarded to the parent with whom the child will reside for more of the time. This parent will be responsible for the child more of the time and provide a home, stability, food, clothes, etc. In some situations, custody can be shared equally by both parents or guardians.
    • Physical custody can be broken up in a few different ways, for example, sole physical custody, joint physical custody, or shared physical custody.
  • Legal Custody
    • When a parent has legal custody, he or she has the right to make decisions in the child’s life. These decisions may include choices about academics, religion, medical issues, etc. A parent does not have to have physical custody to have legal custody.  One or both parents may have legal custody.

How is Custody Determined?

There are many factors that go into determining custody. In order to make the best decision for the child, the court will examine the following factors:

  • Each party’s ability to provide stability
  • Whether the parent will act in the child’s best interests
  • The relationship between the child and the parent
  • The physical health and safety of the child
  • The needs of the child
  • The location and proximity of each parent’s home
  • The preference of the child if they are of sufficient age

Why do Parents Lose Custody?

Parents may lose custody for a number of reasons. Some of these reasons will include:

  • Neglect
  • Abuse
  • Substance abuse
  • Refusal to co-parent

Can I Get Custody Back?

If a court deems you unfit and does not give you custody of your child, there is a reason. In many cases, this reason will be something you can address and work on fixing. For example, if you lost custody due to a substance abuse issue, you may be able to partake a substance abuse course. While losing custody of a child can be devastating, it does not have to be permanent. Your first step should be to contact an experienced family law attorney. An experienced attorney can help you target the issue that caused you to lose custody. Additionally, he or she can help you with all legal aspects, like filing an appeal or requesting an evaluation. Your attorney can also support you through any court hearings.

If you have lost custody of your child, contact our firm today to discuss your options.


If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.

Get to know Townsend Tomaio & Newmark
Play Button
video thumbnail
What Are The First Steps in Getting a Divorce in New Jersey? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Do Courts Decide on Custody? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Is Mediation Cheaper Than a Litigated Divorce? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Child Support is calculated | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Determining Alimony | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Can I Prevent My Spouse From Moving With My Child Out of State? | NJ Family Law Attorneys
Play Button
video thumbnail
Final Restraining Order | NJ Divorce and Family Law Attorneys
View More videos
In Our Community
soupKitchen ref 1 mayo 1 jbws interfaith casa 1
Website Designed & Managed by
Accel Marketing Solutions