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How Can I Win Child Custody Back in New Jersey?

A court will always make child custody arrangements based on the best interests of the child. If you have lost child custody and would like to gain it back, it is in your best interest to speak with an experienced New Jersey family law attorney to discuss your options. At Townsend, Tomaio & Newmark, we are prepared to fight for you and your family.

What are the different types of custody in New Jersey?

There are two types of custody in New Jersey, a parent can be awarded both types or just one. If a parent is deemed unfit by the court, they may lose all custody rights. The two types of child custody are as follows:

  • Physical custody: This type of custody is awarded to the parent that the child will live with most of the time. This parent will be responsible for the child and provide a home, stability, food, clothes, etc. In some cases, custody can be shared evenly by both parents or guardians.
  • 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 child custody determined?

There are several factors that go into child custody determinations. The court will always prioritize the best interests of the child. The court will look at:

  • 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 might parents lose child custody?

Parents can lose child custody if the court deems them unfit to parent the child in a healthy way. Some of these reasons include, but are not limited to the following:

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

Can I get custody back after I lost it?

If a court deems you unfit and prohibits you from having custody of your child, it is likely for a reason. You will need a skilled family law attorney to help you target the issue and see if there is any way you can file an appeal or request an evaluation.


If you have any questions regarding your family law matter, you can depend on our legal team to fight for your best interests, every step of the way. Contact Townsend, Tomaio & Newmark L.L.C. today to learn more about how our legal team can assist you.