For parents who are going through a custody battle over their children, it’s hard enough to deal with the stress and anxiety, without adding outside factors such as the Division of Child Protection and Permanency to the mix. Many parents separate or divorce after bitter disagreements, and unfortunately their children may become the largest source of disagreement. Although the children in the matter remain innocent, accusations regarding misconduct from one parent to another may come into play when vying for custody.
When one parent is cast into a bad light, whether the accusation is abusing drugs, prescription medication, engaging in domestic violence, or being physically/mentally abusive towards their child(ren), the Division of Child Protection and Permanency may become involved as a result. It is extremely important for the parent being accused of wrongdoing to understand how this could affect their chances to gain custody of their child(ren). These accusations need to be dealt with promptly and swiftly.
The Division of Child Protection and Permanency (DCPP), formerly known as the Division of Youth and Family Services (DYFS), may ask the parent to engage in a drug test or evaluation of some kind (psychological, substance abuse, etc…). In order to ascertain whether these steps are necessary or even harmful to your custody case, it is extremely important to consult with an attorney prior to making any decisions that could affect your chances at gaining custody permanently. There have been many circumstances when the Division’s allegations have gone unanswered and the Court’s have been informed of the Division’s concerns with a parent. Furthermore, the Division could file a complaint against the parent accused of wrongdoing and provide custody to the other parent, even if for a temporary basis.
Every case is fact specific and it is highly advisable to have an attorney review your particular set of circumstances in order to best advise you on how to proceed in your custody case. For additional information about your New Jersey family law matter, contact the Morris County law offices of Townsend, Tomaio & Newmark today at 973-828-0829. Our knowledgeable New Jersey divorce and family law attorneys will be happy to answer your questions with a cost-free consultation.